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Thereafter, the learned Senior Counsel appearing on behalf of MSEB sought leave to withdraw the Notice of Motion. Having thus withdrawn the said Notice of Motion, it is not now open for MSEB to again re-agitate the said question. If MSEB was aggrieved by the clarification which was given by the learned Single Judge, it need not have withdrawn the Notice of Motion. Secondly, perusal of the order passed by the learned Single Judge in the Notice of Motion indicates This Order is modified/corrected by Speaking to Minutes Order (APP-166/2009 a/w NMA Nos.3227/10 and 461/10 aw Ch/s (L) Nos.1467/12, 1474/12 & 1544/12 that the learned Single Judge has stated that what was argued was mentioned in the said paragraphs and she had accordingly answered the said submissions in her order dated 30/4/2009. It is a settled position in law that the observation made by the Court in respect of what is said in the court has to be relied upon and it is not open for the advocate to argue that what the learned Judge has stated is wrong. The position is quite well settled which is evident from the observations made by the Apex court in the following judgments:-