1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1276 OF 2007 Union of Centaur-Tulip Employees and Ors. .. Petitioners Vs. Hotel Corporation of India Ltd. & Ors. .. Respondents Mr.Sanjay Singhavi i/b Jane Cox for the petitioners Ms.Kavita Anchan i/b M.V.Kini for respondent nos.1 and 2 Mr.Rupesh Mirchandani for respondent nos.6 to 8 Mr.Subodh Joshi with Mr.S.B.Kotak and Ms.Bharati Bhagwat i/b P.K.Shroff and Co. for respondent nos. 6 to 10 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED : 17TH JULY, 2008 DATED : 17TH JULY, 2008 DATED : 17TH JULY, 2008 P.C.: 1. Heard. 2. The petitioners represent employees, which include workmen of all ranks, have approached this court by invoking its extraordinary Jurisdiction 2 under Article 226 of the Constitution of India under which they seek that the sale of Juhu Centaur Hotel by respondent nos.1 under Agreement of Sale dated 09.03.2002 deserves to be declared as void ab-initio and that the transaction of disinvestments of Centaur Hotel was in violation of the rights of the petitioners under Articles 14, 19 (1) (g) and 21 of the Constitution of India and for other ancillary reliefs. 3. It is not in dispute that the officers and workmen of the petitioner Union have approached the Labour Judge, Industrial Tribunal in respect of their grievance arising out of the service conditions. It is specifically contended that as the transaction was entered fraudulently and by misrepresentation to the petitioners, this court should held it to be void ab-initio. It is contended that the petitioners became aware of it after the CAG submitted his report. 4. In our opinion, such a petition cannot be entertained by this court in its extraordinary Jurisdiction under Article 226 of the Constitution 3 of India as fraud has to be proved by leading evidence and if any transaction is initiated by fraud, it is for the party which is affected which can agitate the matter if there is any locus standi to deal with the matter. Even assuming that the petitioners have any locus standi, the appropriate forum is the Civil / Criminal / Industrial court which will be better equipped to deal with such a case. Therefore, we dismiss this petition. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J )