:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4169 OF 2008 NO.4169 OF 2008 NO.4169 OF 2008 Ram Kumar B.Agarwal ..Petitioner Vs. Agrasen urban Co.Op. Bank Ltd. & Ors. ..Respondents None for petitioner. Mr.Jayesh B.Kocheta for respondents. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 13TH APRIL,2009 : 13TH APRIL,2009 : 13TH APRIL,2009 P.C. P.C. P.C. 1. None for the petitioner even at second call. 2. Heard learned Counsel for respondents. Perused petition. 3. Dismissal of petition in default would not serve ends of justice. On the contrary, it results in application for restoration, which crates strain on the Registry. 4. In the above view of the matter, we ourselves went through the petition with the assistance of learned Counsel for respondent. During the course of hearing, we were informed that the very same petitioner had preferred a Writ Petition No.7120 of 2007, which was allowed to be withdrawn on 4th March, 2008 without any liberty. :2: 5. Today, nobody is present on behalf of petitioner. In view of the fact that the earlier petition was allowed to be withdrawn, no second petition is maintainable for the same reliefs and that even the petitioner has not disclosed about the withdrawal of earlier petition, which in our view amounts to suppression of material fact. 6. Apart from this, after having gone through the petition and after having gone through the prayers incorporated therein, the question raised in the petition cannot be gone into in the writ jurisdiction of this Court it being a disputed question of fact. The money claim which the petitioner is making can very well be made in the competent Civil Court or any other competent forum, if advised. 7. In the result, petition is devoid of any substance. It deserves to be dismissed in limine with no order as to costs. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)