1 wp648-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.648/2011 Malti Kamlakar Deshpande and Anr. .. Petitioners Versus The Union of India & Ors. ... Respondents .... Mr.R.R.Shaikh h/f Shri S.M.Godsay,Adv.for petitioners. Mr.J.R.Shah, Adv.for Respondents 3 to 6. ... CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 19TH OCTOBER ,2011 PER COURT 1] Heard. 2] It is contended that the husband of the petitioner no.1 deceased Kamlakar R. Deshpande had accounts with the respondent, Bank of Baroda, Garud Bag, Dhule. Kamlakar Deshpande died in the year 1999. The petitioners contend that deceased Kamlakar Deshpande had invested amount and had obtained Fixed Deposit Receipts [F.D.R. for short]. According to the petitioners, the bank has not disbursed the amount lying in the F.D.R. 2 wp648-11.odt 3] The petitioners had filed Complaint No.72/03 before Consumer Forum, Dhule. By order dated 7/6/2004, the said complaint was disposed of. The petitioners had filed Appeal before the State Consumer Disputes Redressal Commission bearing Appeal No.166/04. By an order dated 11/11/2008, the State Forum disposed of the appeal. Consequent to the notice issued, the respondent bank filed affidavit in reply, explaining the details in respect of four F.D.Rs. It is contended that the F.D.Rs. mentioned at Sr.Nos. 9 to 16 at page 6 of the petition were not traceable being old record. The bank preserves the record in respect of vouchers up to 10 years and 12 years in respect of ledgers. 4] Considering the reply filed and the fact that the petitioner had earlier approached consumer forum, we are of the view that it would not be appropriate to interfere any further in respect of the claim of the petitioners in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India. The Petition raises disputed question of facts which could be gone into by alternate forum competent to deal with the nature of issues raised by petitioners and the contesting parties. Petition is accordingly disposed of. (T.V.NALAWADE, J.) (NARESH H. PATIL,J.) umg/wp648-11