Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1489 of 2009 Dr. Sudhir S. Joshi ...Petitioner V/s. Rupee Co-operative Bank Ltd. ...Respondents Mr. A.M.Joshi for the petitioner. Mr. N.P.Deshpande for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. The petitioner is unable to dispel the finding of fact recorded by the Court below that hearing was completed and suit was kept for judgment whereafter the petitioner took out application for setting aside order dated 22nd January, 2008. If so, no fault can be found with the view taken by the Court below that it was not open to entertain any application of the kind made by the petitioners. 2. In the circumstances, no interference is warranted in exercise of writ jurisdiction. Petition is dismissed. 3. However, it is made clear that it will be open to the petitioner to question the correctness of order dated 22nd January, 2008 in the appeal to be filed 2 against the final decision of the Trial Court, if so advised. All questions in that behalf are left open. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]