1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4652 OF 2009 M/s. Pawar & Company, through its Partner Shri. Vilas s/o Yadavrao Pawar, Age: 42 years, Oc: Contractorship, R/o. "Office at "Laxmi Sankul", Osmanpura, Aurangabad. .. Petitioner Versus The State of Maharashtra through its Principal Secretary, Finance Department, Mantralaya, Mumbai-32 & Others. .. Respondents ... Mr. J.N. Singh, Advocate for petitioner. Mr. S.K. Tambe, A.G.P. for respondent Nos.1,2,4 to 6. Mr. S.S. Thombre, Advocate for respondent No.7. ... CORAM : A.M. KHANWILKAR & S.S. SHINDE, JJ. DATE : 13TH JANUARY, 2010 PER COURT : Counsel for the petitioner, on instructions, states that the petitioner may 2 withdraw this petition with liberty to pursue the remedy by way of a suit claiming appropriate reliefs in respect of the subject matter specified in this Writ Petition. Counsel for the respondents submit that no relief can be granted to the petitioner, in absence of any statutory provision to claim interest on delayed payment of refund amount was operating at the relevant time. We express no opinion in this behalf. This petition is allowed to be withdrawn with liberty as prayed for. It is made clear that the suit has to be decided on its own merit 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 on its own merits. ( S.S. SHINDE, J. ) ( A.M. KHANWILKAR, J.) sut/JAN10/wp4652.09