1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4706 of 2008 Milind Prabhakar Kenjale & ors. .. Petitioners versus Premchand Champalal Kothari & Anr. .. Respondents ... Ms.Chandana Salgaonkar for the petitioners. Mr.R.S. Jehagirdar, Sr.Advocate i/b M/s.Mulla & Mulla for respondent no.2. CORAM : A.M.KHANWILKAR, J DATED : 29th July 2008 P.C.: 1. Heard counsel for the parties. 2. Counsel for the petitioners fairly accepts that she is not in a position to find out any judgement directly on the point. To obviate any defect, the petitioners are now advised to assail the order dated 1st September 2007 whereunder the defendants were permitted to incorporate paragraph no.6A in the written statement. Ordinarily, the 2 court could have shown indulgence to the petitioners to permit the petitioners to amend the present writ petition and ask for further reliefs. However, I am in agreement with the preliminary objection raised on behalf of the respondents that the petitioners have approached this court with unclean hands. In that, petitioners have not disclosed the fact that against the order dated 26th February 2008 which is impugned in the present writ petition, the petitioners have already resorted to remedy of review petition before the trial court and the same is still pending. That fact has not been disclosed in the present writ petition. Counsel for the petitioners submit that she is unaware about this position. However, counsel for the respondents has handed in typed copy of the review application and the counsel states on instructions that the said review application is still pending. There is no reason to doubt the correctness of the stand of the respondents. 3. In this view of the matter, I have no hesitation in dismissing this writ petition on the ground that the petitioners have approached this court by suppressing material fact. 4. Ordered accordingly. 3 (A.M.KHANWILKAR, J)