1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.71 OF 2008 M/s.Permanent Magnets Ltd. ..Petitioner. Vs. Gajanan Laxmikant Borkar and ors. ..Respondents. Mr.Jaiprakash Sawant for petitioner. Mr.R.D.Bhat for respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Having regard to the remand order passed by the Division Bench of this Court dated 13th December, 2006, the petitioner was expected to prove the factum of compliance of statutory requirement. The Courts below on appreciating evidence on record have rightly opined that the Petitioner has failed to establish the factum of compliance of statutory requirements. Mere production of receipt of Money Order does not answer the rebuttal of the Respondents of receipt thereof. The Petitioner has produced letters at pages 31 and 32 addressed to the Postmaster, which indeed, have been done after the decision of the 2 Labour Court. 3. The argument of the Petitioner that the Petitioner be shown indulgence to obtain response of the postal authority on the communication sent by the Petitioner dated 17th October, 2007 and 2nd November, 2007 at pages 31 and 32 of the Writ Petition respectively clearly overlooks that this evidence is not part of the record. The Petitioner was expected to adduce evidence before the lower court and cannot be permitted to rely to the subsequent material for the first time, that too in the present proceedings, which is in writ jurisdiction. No interference is warranted. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)