Full Order Text
Order 1 · 28 Sept 2018 · CNR MHCC010057222018
Order Details: Notice of Motion Pdf Text: NM 1741/2018 SUIT NO.2031/2017 1 CNR NO.MHCC010057222018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1741 of 2018 IN SUIT NO.2031 of 2017 Hasmukh J Mehta .. .. Plaintiff Versus India Government Mint & Anr. ...Defendants Smt.Geeta Kasturi advocate for the Defendants. Plaintiff and advocate absent. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Judge CR No. : 32 Dated : 28th September 2018 ORDER 1. Defendant taken out this motion for framing of preliminary issues u/s.9A of Code of Civil Procedure . 2. As per clause 33.2 of the Arbitration Agreement the subject matter of the purported dispute is required to be referred to the Arbitration, therefore, this court has no jurisdiction over the subject matter in the suit hence, this motion. 3. Plaintiff filed the reply. Motion taken out by defendant is wholly misconceived and untenable , hence deserves to be dismissed with costs. -- 1 of 3 -- NM 1741/2018 SUIT NO.2031/2017 2 4. Heard Ld.advocate Smt.Geeta Kasturi for Defendant. Plaintiff and advocate absent. 5. Section 9A of the Code of Civil Procedure is deleted. The motion prayers in the motion with respect to framing of preliminary issue u/s.9A of C.P.C. is deleted, therefore, contention raised in the motion cannot be considered at this stage, but these contentions can be considered while recording the finding of above discussion, hence, I proceed to pass the following order. ORDER Notice of Motion No. 1741/2018 is disposed off. Date : 28/09/2018 (Pushpa N. Rao) Ad hoc Judge City Civil & Sessions Court Greater Mumbai Direct typed on computer : 28/09/2018 Signed by HHJ on : 28/09/2018 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 03/10/2018 at (3.30 p.m.) Mrs. J.V.Pawar Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao C.R.No.32 -- 2 of 3 -- NM 1741/2018 SUIT NO.2031/2017 3 Date of Pronouncement of JUDGMENT/ORDER 28/09/2018 JUDGMENT/ORDER signed by P.O.on 28/09/2018 JUDGMENT/ ORDER uploaded on 03/10/2018 . -- 3 of 3 --