IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.647 OF 2008 Sahney Kirkwood Pvt. Ltd. ..Petitioner. Vs. The Income Tax Appellate Tribunal and ors. ..Respondents. Mr.R. Murlidhar with Mr.Rajesh Shah i/by Rajesh Shah and Co. for the Petitioner. Mr. Vimal Gupta with P.S.Sahadevan for the Respondents. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 24th March,2008. PC : 1. By the present petition, the petitioner challenges firstly an order dated 18.5.2007 whereby six appeals preferred by the petitioner herein were dismissed. The petitioner also preferred six appeals against that order before this court which are pending. 2. The petitioner also took out Misc. Applications in all the six appeals which were dismissed by order dated 2.11.2007. 3. By this petition the petitioner seeks to challenge both the orders passed in the appeal as also in the Misc. Applications. 4. In our opinion, once the petitioner has remedy by way of an appeal and the petitioner has already resorted to that remedy, the challenge to the order passed in the appeals by the Tribunal in this petition is not available to the petitioner. Similarly, in respect of the order passed in the Misc. Applications it will be open to the petitioner herein to challenge those orders in the appeals already filed in this court. It will be open to the petitioner to raise all the points also in the appeal. Considering the above, the Writ petition is not maintainable and the same is dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)