mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4851 of 2008 Ravindra R. Sanas .. Petitioner versus Rajendra K. Lalwani & ors. .. Respondents ... Mr.Prathamesh Bhargude for the petitioner. Mr.S.N. Chandrachood for respondent no.2. CORAM : A.M.KHANWILKAR, J DATED : 28th July 2008 P.C.: 1. Heard counsel for the parties. 2. I find substance in the stand taken on behalf of the respondent that both the arguments canvassed before this court are questions of fact which were not agitated before the court at the first instance. In that, first argument is that there was no request made by any of the shareholders interested individually or collectively to the extent of one moiety or upwards calling upon the court to resort to sale of the suit property by conducting auction. 3. The second argument is that proper stamp papers have not been submitted by the opposite party. 4. Both these objections are raised for the first time in this court. This court ought to be slow in entertaining new contentions on facts in exercise of writ jurisdiction. 5. In so far as the opinion recorded by the trial court in the impugned judgement is concerned, that the auction sale of the suit property is inevitable, is unquestionable in the fact situation of the present case. 6. The petitioner will be free to agitate the above said new issues before the Executing Court, if so advised. 7. Hence, this petition is dismissed on the above terms. (A.M.KHANWILKAR, J)