1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 738 OF 2008 WRIT PETITION NO. 738 OF 2008 WRIT PETITION NO. 738 OF 2008 Urmila Jayantilal Gala. .. Petitioner. vs. The Divisional Manager, Life Insurance Corporation & Ors. .. Respondents. Mr. P.M. Havnur for Petitioner. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. DATE: 15TH FEBRUARY, 2008. DATE: 15TH FEBRUARY, 2008. DATE: 15TH FEBRUARY, 2008. P.C. . The petitioner has approached this Court for invoking our extra ordinary jurisdiction and seeks a direction against the respondent LIC for settlement of her claim against the three policies which her husband had obtained out of which policy bearing no. 922628486 dated 10.11.2002 in the sum of Rs. 10,00,00/- came to be repudiated on the ground that late Jayantilal P. Gala, husband of the petitioner had suppressed material fact that he had pulmonary tuberculosis and hypertension three years back. 2 . The learned counsel for the petitioner referred to a decision rendered by the Supreme Court in the case of Life Insurance Corporation of India and others vs. Smut. Asha Goel and another, reported in AIR 2000 SC 549, wherein the Supreme Court has held that in the given facts and circumstances, High Court can invoke its extra-ordinary jurisdiction to grant leave to the petitioner in writ jurisdiction in respect of her claim against LIC. We find that the facts highlighted in the petition are of the nature which will have to be decided by leading evidence and the very fact on the basis of which the policy came to be repudiated is subject matter of controversy and dispute between the parties. Therefore, we are not inclined to entertain the writ petition. We, therefore, dismiss the writ petition with liberty to the petitioner to seek recourse to alternative remedy available to the petitioner under law. (J.N. Pastel, J.) (J.N. Pastel, J.) (J.N. Pastel, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.)