mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL, CIVIL JURISDICTION WRIT WRIT WRIT PETITION LODGING NO.2922 OF 2006 PETITION LODGING NO.2922 OF 2006 PETITION LODGING NO.2922 OF 2006 Central Railway Employees Consumer Co-op. Society Ltd..Petitioner Vs. The State of Maharashtra & Anr..Respondents Mr. A.M.Sarogi, for the Petitioner Mr. A.N.Samant, for respondent No.1. CORAM: CORAM: CORAM: F.I. F.I. F.I. REBELLO REBELLO REBELLO & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATE: DATE: DATE: 22ND DECEMBER, 2006 22ND DECEMBER, 2006 22ND DECEMBER, 2006 P.C. . In respect of the subject matter of the present petition the petitioner had already filed a suit. That suit was dismissed for non-prosecution. 2. Once a suit was filed and that has been dismissed it will not be open to the petitioner in respect of the same subject matter to file the present petition. At the highest the remedy for the petitioner is to move the Civil Court where the suit was filed for restoration by showing sufficient cause. With the above observation, petition disposed of. (F.I. F.I. F.I. REBELLO, J) REBELLO, J) REBELLO, J) (ANOOP ANOOP ANOOP V. MOHTA J). V. MOHTA J). V. MOHTA J).