: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2861 OF 2008 M/s.Pinkhem Investment Co. Ltd. ..Petitioner. Vs. Mr.Satish Nidharam Jainwal & Anr. ..Respondents. Mr.Ajit S. Karwande for the Petitioner. Mr.Dilip Mandavi for Respondent no.1. Ms.I.K.Calcuttawala, A.G.P. for the Respondent State. CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, DATED : DATED : DATED : 9TH FEBRUARY, 2009 9TH FEBRUARY, 2009 9TH FEBRUARY, 2009 P.C. : P.C. : P.C. : In the facts and circumstances of this case, the Petitioner ought to avail of the remedy under Section 44. There are several disputed questions of fact and of law. 2. In the circumstances, there is no justification for entertaining this Writ Petition under Article 226 presently. The Petitioner is always at liberty to make an application for the stay of the impugned order in the application under Section 44. 3. However, only with a view to enable the Petitioner to avail of an alternate remedy and not on merits, the impugned order shall not be implemented till 2.3.2009. 4. Writ Petition is disposed of accordingly.