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 CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4852 OF 2008 Babaji Kanhu Phadtare. ..Petitioner. V/s. Chandrakant U. Shah & Anr. ..Respondents. Mr.A.R.Pandey with B.P.Pandey & V.B.Pandey for Petitioner. Mr.J.G.Reddy for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 6, 2008. DATE : AUGUST 6, 2008. DATE : AUGUST 6, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. No fault can be found with the view taken by the Appellate Court that since the Petitioner/Defendant himself has raised issue of jurisdiction in the pending suit, it was not open for the Court to entertain application for issuing appropriate direction against the Plaintiff filed by the Petitioner/Defendant in the said suit. 3. Realising this position, Counsel for the Petitioner submits that in that case, the Petitioner may be granted liberty to pursue relief claimed in 2 Exhibit No.12 of 2007 by way of Application under section 29 of the Act before appropriate forum. 4. In my opinion, the view taken by the Appellate Court does not preclude the Petitioner to resort to such independent remedy available to the Petitioner, which will have to be decided on its own merits in accordance with the law. 5. This Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)