M/S. Sona Developers v. Shivdarshan A And B Wing Chs Ltd. And ORS.

58.3568.16-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3568/2016 M/s. Sona Developers ... Petitioner V/s.

Shivdarshan A & B Wing CHS Ltd. & Ors.

... Respondents Mr. Bhavin Gada w/. Ms. Najafia I/b. Harakhchand & Co. for the Petitioner.

Mr. Gurunath B. Walawalkar I/b. Shankar P. Thorat for Respondent No.3.

Mrs. Sheetal Mane for Respondent No.4.

CORAM:

K.K. TATED, J.

DATED :

JANUARY 3, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 23.09.2015 passed by the Bombay City Civil Court deciding the preliminary issue about the jurisdiction. The Trial Court has held that the Bombay City Civil Court has pecuniary jurisdiction to try and entertain the suit as it is filed by the Respondent Plaintiff .

The learned counsel for the Petitioner has fairly stated that in view of the subsequent development i.e. amendment to section 9A of the Code of Civil Procedure, 1908 by Maharashtra Ordinance No.XVIII of 2018, nothing survives in the Writ Petition.

Basavraj G. Patil 1/2

58.3568.16-wp.doc Hence, the Writ Petition stands disposed of as infructuous. No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2