Interim Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 122218 in Sum.Suit No.820998
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1222 OF 2018
IN
SUMMARY SUIT NO. 8209 OF 1998
(CNR NO. MHCC010039272018)
State of West Bengal …. Applicants
In the Matter Between
IMP Powers Ltd. …. Plaintiff
Versus
West Bengal State Electricity
Distribution Company Ltd & Another ….Defendants
Appearance:
Shri. Karan Asrani, Advocate for plaintiff.
Smt. Preeti Shah, Advocate for defendants.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 11/03/2019
ORAL ORDER
1) The Notice of Motion is filed by applicant to frame
preliminary issue of jurisdiction u/s. 9A of Code of Civil
Procedure. The Notice of Motion is supported by affidavit of Mr.
Utpal Biswas, the Special Secretary, Department of Power and
NES, Government of West Bengal. The plaintiff filed reply by
affidavit of Mr. Dilipkumar Yadav and denied the contents of
Notice of Motion.
2) Heard advocate for both the parties. Perused Notice
of Motion and say. The Section 9A of Code of Civil Procedure is
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NM No. 122218 in Sum.Suit No.820998
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deleted. The Government of Maharashtra by notification dated
15/12/18 has stated that in the pending suits wherein
preliminary issues are framed then the effect of deletion of
Section 9A will not be applicable. Section 2 of the said
notification is as under:
“2. In Section 3 of the Code of Civil Procedure (Maharashtra
Amendment) Act, 2018, for clause (1), the following clause
shall be substituted and shall be deemed to have been
substituted with effect from the 27th June 2018, being the
date of commencement of the said Act, namely
“(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.”
3) In view of the above as preliminary issue is not
framed in the Notice of Motion and it is only for hearing the
deletion of Section 9A of Code of Civil Procedure is applicable to
the present facts of the Notice of Motion. Hence, Notice of Motion
is not tenable and pass following order:
ORDER
1. The Notice of Motion is rejected.
2. No order as to costs.
(S.S. Nagur)
Date : 11/03/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 11/03/2019
Transcribed on : 29/03/2019
Signed on : 29/03/2019
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NM No. 122218 in Sum.Suit No.820998
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“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF STENOGRAPHER
25.05.2019 & : Mrs. S.A. Shekade (LG)
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 13)
Date of pronouncement of Judgment/ : 11.03.2019
Order
Judgment/Order signed by the P.O. on : 29.03.2019
Judgment/Order uploaded on : 20.05.2019
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