Bombay High Court
WP/62/2007 of CENTRAL RAILWAY COMLOYEES CONSUMERS CO-OP SOCIETY LTD. Vs THE STATE OF MAHARASHTRA AND ANR. on 22 December 2006
HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL,
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL, CIVIL JURISDICTION
WRIT PETITION LODGING NO.2922 OF 2006
Central Railway Employees
Consumer Co-op. Society Ltd..Petitioner
Vs.
The State of Maharashtra & Anr..Respondents Mr. A.M.Sarogi, for the Petitioner Mr. A.N.Samant, for respondent No.1.
CORAM: F.I.REBELLO&ANOOP V. MOHTA, JJ.DATE: 22ND DECEMBER, 2006
P.C.
.In respect of the subject matter of the present petition the petitioner had already filed a suit. That suit was dismissed for non-prosecution.
2. Once a suit was filed and that has beendismissed it will not be open to the petitioner inrespect of the same subject matter to file thepresent petition. At the highest the remedy for thepetitioner is to move the Civil Court where the suitwas filed for restoration by showing sufficient cause. With the above observation, petition disposed of.
(F.I. REBELLO, J)
(ANOOP V. MOHTA J).