Final Order 1

Order Details: Other
Pdf Text: 11.03.2019
SU 2297/14
@ NM No.
3042/2014
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Lad for plaintiff present
Adv. S. S. Redekar for defendant present.
KB
LO
Same appearance.
Defendant tendered draft notice of motion.
Leave granted to register notice of motion.
Copy is served to other side.
Plaintiff filed his say on NM itself and strongly objected to NM.
Heard both sides.
Order on draft notice of motion:
Notice of motion is taken out for recalling order dated 05.09.2018
with request to decide preliminary issue of jurisdiction as framed on
21.06.2018 on the count of Maharashtra Act No. LXXII of 2018.
Plaintiff strongly objected to notice of motion.
I have carefully gone through notice of motion, affidavit in
support of it and reply of plaintiff and roznama dated 21.06.2018
and 05.09.2018. It is pertinent to note that my learned Predecessor
vide order dated 21.06.2018 was pleased to frame preliminary issue
of jurisdiction of this Court to try, entertain and decide present suit.
As per order dated 05.09.2018 my learned Predecessor was pleased
to pass order that in view of recent amendment section 9A has been
deleted and so preliminary issue as framed shall be deemed to be
issue framed under Order 14 of CPC and shall be decided along with
other issues.
Mention may be made here that as per Amendment Act of 2018,
published on 15.12.2018, it is clarified that, “(1) Where
consideration of a preliminary issue framed under section 9A is
pending on the date of commencement of the Code of Civil
Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
section, referred to as “the Amendment Act”), the said issue shall be
decided and disposed of by the Court under section 9A, as if the said
section 9A has not been deleted.”
In view of this mandate of law it is necessary to decide and
disposed of preliminary issue already framed on 21.06.2018. Hence,
pass following order.
ORDER
1. Draft notice of motion is allowed in following terms.
2. Issue of jurisdiction as framed on 21.06.2018 shall be decided and
disposed of as preliminary issue as if section 9A of CPC has not been
deleted.
3. Accordingly, draft notice of motion is disposed of and it be
registered for statistical purpose.
Adjd. for hearing on preliminary issue to 25.04.2019
Judge
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