1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLIATION NO. 9040/2007 IN WRIT PETITION No.3824/2005( Decided) (Arpana Enterprises & 4 ors. Vs. U.O.I. & 2 ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED :DECEMBER 18, 2007. Heard Mr. Samarth, the learned counsel for the petitioners, Mr. Mishra, the learned counsel for the respondent no.1- Union of India, and Mr. Mehadia for the respondent nos. 2 and 3. The learned counsel for the petitioners submits that in view of the decision of the Apex Court in the case of Ashoka Smokeless Vs. Union of India (2007) 2 SCC 640, as well as the order passed by this Court on 18/12/2007 in Writ Petition No. 3267/2007, the petitioners seek permission to withdraw the civil 2 application with liberty to approach the respondent no.3- WCL for refund of the excess amount paid on and above the “Notified Price”. Mr. Mehadia, the learned counsel for the respondent nos. 2 and 3, does not have any objection in this regard. In the circumstances, civil application is disposed of as withdrawn, with liberty as prayed for. JUDGE JUDGE RMP