In a suit for jurisdiction, the court framed preliminary issues regarding maintainability, notice under the Co-operative Societies Act, and cause of action, directing their decision after four weeks.
Notice of Motion allowed; preliminary issues framed to be decided after four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 838 OF 2005
IN
SUIT NO. 49 OF 2005
Usha Ajit Jhaveri
...Plaintiff
vs.
Prasanna Moholal Shah & Ors....Defendants
None for the Applicnat/Original Defendant No.4 in
suport of Notice of Motion.
Mr.Prasad Das for the Plaintiff.
Mr.Vanita Karkar for Defendant Nos.1 to 3.
CORAM : V.M. KANADE, J.
DATED : SEPTEMBER 1, 2009
P.C. :-
1Defendant no.4 has taken out this Notice of
Motion for framing preliminary issue of jurisdiction
under Section 9A of Code of Civil Procedure.
Defendant no.4 also has prayed that the issue of
maintainability of the present suit on the ground
that the suit is not maintainable for want of notice
under Section 164 of the Maharashtra Co-operative
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Societies Act, 1960 also be framed and thirdly, it
is prayed that the issue of maintainability of the
suit on the ground of cause of action under Section
7, Rule 11 may also be framed.
2In view of the provisions of Section 9A of
the Code of Civil Procedure, since the issue of
jurisdiction has been raised by the defendant no.4,
in my view, it would be appropriate if this issue is
framed and decided first as a preliminary issue.
The following issues are, therefore, framed :-
1)Whether the suit in the present form is maintainable and whether this court has the jurisdiction to try and decide the said suit?2)Whether the suit is maintainable for want of notice under Section 164 of the Co-operative Societies Act, 1960?3)Whether the suit is maintainable for want of cause of action under Order 7, Rule 11 of the Code of Civil Procedure?3Notice of Motion, accordingly, is allowed
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in the aforesaid terms and is disposed of.
Preliminary issues to be decided after four weeks.
(V.M. KANADE, J.)
3 issues framed by the court
Whether the suit in the present form is maintainable and whether this court has the jurisdiction to try and decide the said suit?
Whether the suit is maintainable for want of notice under Section 164 of the Co-operative Societies Act, 1960?
Whether the suit is maintainable for want of cause of action under Order 7, Rule 11 of the Code of Civil Procedure?
3 provisions across 2 enactments
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court