On the deletion of section 9A of CPC, the court held the notice of motion for a preliminary issue on jurisdiction not maintainable. It directed that the jurisdiction issue be framed under Order 14 Rule 2 CPC and tried with other issues. The notice was disposed of accordingly.
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.
kvm
1/1
26-NMS1463.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1463 OF 2014 IN
SUIT NO. 1513 OF 2012
Bank of Baroda IN THE MATTER BETWEEN
….. Applicant
Jayant Vitamins Ltd. & Anr. ….. Plaintiffs
VERSUS
Bank of Baroda & Ors.
..… Defendants
None for the Plaintiff.
Ms.Jaitali Mathuria, i/b. Anant B.Shinde & Co. for the Applicant. Mr.Nikhil Rajani, i/b. V.Deshpande & Co. for the Defendant no.2. Ms.Heena Shaikh, i/b. M.V.Kini & Co. for the Defendant no.3.
CORAM : R.D. DHANUKA, J. DATE : 30th NOVEMBER, 2018
P.C .
By this notice of motion, the applicant (defendant no.1) prays that the issue of jurisdiction raised under section 9A of the Code of Civil Procedure, 1908 be tried as a preliminary issue. In view of the deletion of the section 9A of the Code of Civil Procedure, 1908 by notification dated 27th June, 2018, this notice of motion is not maintainable. It is however made clear that the issue of jurisdiction raised by the defendant no.2 can be framed as issue under Order 14 Rule 2 of the Code of Civil Procedure, 1908 and can be tried along with other issues. Notice of motion is disposed of in the aforesaid terms. No order as to costs.
[R.D. DHANUKA, J.]
3 issues framed by the court
Whether a notice of motion for trial of a preliminary issue under section 9A CPC was maintainable after its deletion.
Whether the issue of jurisdiction can be framed under Order 14 Rule 2 CPC.
The effect of the deletion of section 9A of CPC by notification dated 27th June 2018 on pending notices of motion.
2 provisions across 1 enactments
Bank of Baroda
Jayant Vitamins Ltd.
R.D. Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
