ra120.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ REVIEW PETITION NO.120 OF 2010 IN WRIT PETITION NO.4485 OF 2009. Mr. J.N. Singh, Adv. for review petitioner. Mr. G.R. Ingole, AGP for respondent State. ... CORAM : S.S. SHINDE & A.V. POTDAR, JJ. Dated: November 25, 2011 ... This review petition seeks review of our earlier order dated 18th July, 2009 in Writ Petition No.4485 of 2009. 2 After arguing the matter for some time, the learned Counsel for the review petitioner makes a prayer, on instructions from his client, that the petitioner may be allowed to withdraw this review petition with liberty to pursue the remedy by way of filing suit, claiming appropriate reliefs in respect of the subject matter specified in ra120.10 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ the review petition. The learned Counsel for the review petitioner submits that the order of deduction of amount which was passed by the concerned respondent authority was not under the provisions of the Works Contract Act, 1989 and, therefore, merely because there is no provisions in the said Act to claim interest on such refund of wrongly deducted amount cannot be a ground to reject the case of the petitioner. He further submits that the petitioner may be granted liberty to agitate the said issue before the Civil Court by way of filing civil suit. 3 The review petition is allowed to be withdrawn with liberty to the review petitioner to pursue the remedy by way of filing suit. However, we express no opinion on the merits of the matter. The review petition is allowed to be withdrawn on the prayer of the review petitioner. It is made ra120.10 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ clear that the suit has to be decided on its own merits in accordance with law. This order is not an expression or opinion either way on the question whether such a suit is maintainable and if, maintainable, whether barred by limitation. That will have to be decided by the concerned Court, in accordance with law. Review Petition is disposed of, accordingly. (A.V. POTDAR, J) (S.S. SHINDE, J.) PLK/*