1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1 OF 2008 IN WRIT PETITION NO.35 OF 2005 Sunder Nagar Co-operative Housing ..Petitioner Society Limited V/s. The State of Maharashtra & ors ..Respondents Bombay & ors Mr.S.R.Mishra h/f.Mr.Y.M.Nakhawa,Advocate, for petitioner Mr.G.W.Mattus, AGP, for respondent No.1 Ms.N.P.Karnik, Advocate, for respondent No.4 CORAM : J.N.PATEL & K.U.CHANDIWAL, JJ. DATE : 8TH JULY, 2008 P.C. . Heard. 2. Mr.S.R.Mishra holding for Yogesh Nakhwa states that the learned counsel for petitioner is not keeping well. We are of the view that the Notice of Motion taken out by the petitioner is misconceived. For the reasons stated in the 2 affidavit in support, he seeks to quash and set aside the Order passed on 12th December, 2007 in Writ Petition No.35 of 2005. What the petitioner is seeking is to quash and set aside the order dated 12th December, 2007 dismissing the aforesaid petition. We have gone through the Order dated 12th December, 2007 passed by Division Bench of this Court wherein this petition along with group of petitions came to be disposed of with liberty to the petitioners to approach the Committee within a period of four weeks from the date of the said order with further directions that as and when the applications/petitions are presented before the Committee, the Committee shall proceed with the matters in accordance with law expeditiously. 3. In case the petitioner is aggrieved by this Order, appropriate remedy available to him is either to seek review of the same or challenge the said order before appropriate forum. 4. In view of the fact that the petition is not dismissed, question of restoration does not arise 3 and therefore, Notion of Motion is dismissed. (J.N.PATEL, J.) (K.U.CHANDIWAL, J.)