1 IN HE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1172 OF 2009 Union of India ... Petitioner Vs. Shri Onwughalu Elochukwu Henry &Ors. ... Respondents Mr. R.V.Desai, Senior Advocate with Mr.R.B.Pardesi, , Advocates, for the petitioner. Mr. Anil Balani, Advocate, for the respondent. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 14th July, 2009. P.C. 1. Learned Counsel for the respondents brings to our attention the order dated 19.11.2008 of the Assistant Commissioner of Customs, Refund Section, Mumbai. Against that order, an appeal was available which has not been preferred. That will be barred by limitation. Only Writ Petition has been preferred before this Court. 2 2. Apart from that, from the order produced by Respondents in Court, we find in the findings the following sentence :- “I find that the GOI’s Order No.290-291/08 dated 25.08.2008 has been accepted by the Commissioner of Customs (AP) on 14.10.2008”. This fact has not been disclosed in the petition. In our opinion, this amounts to suppression of a material fact that the Commissioner himself had accepted the order which is the subject-matter of the appeal. In that view of the matter, this is not a fit case for us to exercise our Extraordinary Jurisdiction. 3. Hence, the petition is dismissed. (J.H.BHATIA,J.) (F.I.REBELLO,J.)