:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2233 OF 2007 WRIT PETITION NO. 2233 OF 2007 WRIT PETITION NO. 2233 OF 2007 M/s. Jai Bhawani Enterprises ..Petitioner versus Maharashtra State Road Development Corporation & Ors. ..Respondents Mr. Ramdas Devappa Kitturkar, Manager of the Petitioner Co. present in person. Mr. S. Deshmukh for the Petitioner. Mr. Vishal Ghosalkar for the Respondent No. 1. Mr. K. R. Belosey for the Respondent No. 3. CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and S. A. BOBDE, JJ. S. A. BOBDE, JJ. S. A. BOBDE, JJ. DATE : 31ST JANUARY, 2008. DATE : 31ST JANUARY, 2008. DATE : 31ST JANUARY, 2008. P.C. P.C. P.C. This writ petition challenges a notice dated 16.7.2007 demanding an amount of Rs.1,40,30,334/- on account of breach of conditions of contract between the parties. It is submitted by the learned counsel for the respondents that as there was no response to the impugned notice, the respondents have already filed a suit for recovery of money before the High Court, which is pending, as such the writ petition :2: has become infructuous. Learned counsel for the petitioners in the facts and circumstances of the case, seeks to withdraw the petition. Petition is accordingly dismissed as withdrawn. However, it is placed on record that we have not gone into the merits of the controversies between the parties. All issues raised, are kept open. (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)