IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 8565 OF 2004 WRIT PETITION NO. 8565 OF 2004 WRIT PETITION NO. 8565 OF 2004 United India Insurance Co.Ltd. ... Petitioner. V/s. Smt.Mumtaz Manzoor Sagari & ors. ... Respondents. None for the petitioner. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 28th July 2008. DATED: 28th July 2008. DATED: 28th July 2008. P.C.: P.C.: P.C.: ---- ---- ---- . None for the petitioner. 2. The remedy of statutory appeal is provided under section 140 of the Motor Vehicles Act, 1988 as such writ petition under Article 227 of the Constitution is not maintainable. [see Yallwwa (Smt.) Yallwwa (Smt.) Yallwwa (Smt.) and others v. National Insurance Co.Ltd. and others v. National Insurance Co.Ltd. and others v. National Insurance Co.Ltd. 2006 SCC 657]. However, since nobody is appearing for the petitioner, I have no option but to dismiss this petition. Petition is dismissed for want of prosecution with no order as to costs. 3. In the event, petitioner applies for restoration of this petition, it would be obligatory on the part of the petitioner to demonstrate as to how petition is maintainable. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)