1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5603/2001 Padmakar Raygiri Gosavi Petitioner Vs. Yashwantrao Bapuso Menkar & Ors. Respondents Mr.S.V.Sadawarte for the petitioner Mr.C.R.Sonawane,AGP for Respondent no.3 CORAM : V.C.Daga,& Mrs.Mridula Bhatkar,JJ. Date : 17th March,2009. P.C. . Heard learned counsel for the petitioner. 1] This petition is pending in this Court since 2001. An interim order obtained by the petitioner is operating since March,2002. After 2002 for the first time this petition came up on board on 19th January,2006 i.e. after four years and thereafter in the year 2009 i.e. after three years. It is really shocking that the matters are pending in this Court for admission almost for more than eight or nine years. 2] No steps were taken by the petitioners to bring their case on board. Needless to mention that the subject petition is challenging virus of the some of the provisions of the Consumer Protection Act. 2 However,during the pendency of this petition all these challenges are negatived.The petition has become infructuous. 3] Now the petitioner wants to challenge the order on merits. So far as the challenges to the impugned order on merits are concerned, the alternate remedy is available to the petitioner. 4] In this view of the matter we do not propose to entertain this petition. However,it would be open for the petitioner to approach alternate forum in accordance with law. 5] All the contentions raised on merits of the impugned order are kept open. 6] The petition is thus,dismissed in limini with liberty reserved in favour of the petitioner. No order as to costs. (Mrs.Mridula Bhatkar,J.) (V.C.Daga,J.) -