ORDER : M.R. Shah, J. Present application has been preferred by the applicant herein - original respondent to review and/or recall the earlier order passed by this Court dated 10/07/2017 in Special Civil Application No. 6112/2017. 2. At the outset, it is required to be noted that as such and having found that though as per Condition No. 13 of the tender form, the Contractor was required to return the amount of EMD within a period of 15 days, which was not returned for couple of months after the work order was issued, and as such the learned advocate appearing on behalf of the applicant herein - original respondent had conceded, the order was passed directing the applicant herein - original respondent to return the amount of Rs. 5 lakhs, which was deposited towards EMD. Unfortunately and despite the above, the applicant herein has preferred the present application to review and/or recall the order passed by this Court, which, as such, was a consent order. However, it is required to be noted that as such the duty was cast upon the applicant herein and/or Company to return the amount of EMD within a period of 15 days from the date of issue of the work order, and therefore, as such, duty was cast upon the applicant. The applicant, as such, unauthorizedly and illegally retained the amount of EMD and still with a dishonest plea the present application has been filed, which can be said to be absolutely frivolous litigation. As we were to impose cost while dismissing the present application, Shri Joshi, learned advocate appearing on behalf of the applicant has stated at the Bar that the concerned authority, who took the decision to file the review application, namely Shri M.P Parikh, Executive Director, Finance and Accounts and Shri S.P Trivedi, Chief Engineer of the applicant are personally present in the Court and they have tendered unconditional apology and have stated at the Bar that such a frivolous litigation at the instance of the applicant shall not be filed and/or repeated again and the unconditional apology may be accepted. Shri Joshi, learned advocate appearing on behalf of the applicant has stated at the Bar that the order passed by this Court dated 10/07/2017 in Special Civil Application No. 6112/2017 is now being complied with and the learned advocate appearing on behalf of the original petitioner is handed over the cheque of Rs. 5 lakhs with interest as ordered by this Court. Shri Adil Mirza, learned advocate appearing on behalf of the original petitioner confirms the above. 3. In view of the above, now as the order passed by this Court dated 10/07/2017 in Special Civil Application No. 6112/2017 is now complied with, Shri Joshi, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present application. Permission is accordingly granted. Present application stands dismissed as withdrawn, however, without any cost.