Ultratech Cement Limited And ORS v. Gram Panchayat Peth Trhough Its Members And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No. 573 of 2017 Ultratech Cement Limited & Ors ..Applicants.

Vs Gram Panchayat Peth & Anr ..Respondents.

Ms. M.S. Parasnis for the applicants.

None for the respondents.

CORAM:

B.P.COLABAWALLA, J.

DATED :

NOVEMBER 29, 2018 P.C. :- This civil revision application has been filed challenging the order dated 4th September, 2015 passed by 4th Joint Civil Judge, Senior Division, Pune on an application filed by the applicants herein below Exh.30 in Regular Civil Suit No. 208/2015. Exhibit 30 was an application filed by the applicants herein (defendant No.1 to 3 before the Trial Court) for deciding the issue of jurisdiction under Section 9A of the Code of Civil Procedure, 1908 as a preliminary issue. The Trial Court, by a detailed Judgment and Order held that it had jurisdiction to entertain the suit and hence dismissed Exh.30. It is, in these circumstances the present civil revision application has been filed. The learned Advocate appearing on behalf of the 1/3

applicants fairly pointed out to me that now an Ordinance has been passed by the Government of Maharashtra, being Ordinance No. Maharashtra Ordinance No. XVIII of 2018. This Ordinance is called "the Code of Civil Procedure (Maharashtra Amendment) Ordinance, 2018" and comes into force at once. This Ordinance is now replaced by Maharashtra Act No. LXI of 2018 and which has received the assent of the President in the Maharashtra Government Gazette on 29th October 2018. By this Act Section 9A of Code of Civil Procedure, insofar as it applies to the State of Maharashtra, stands deleted.

The learned Advocate further pointed out Section 3(2) of this Act which clearly stipulates that cases where a preliminary issue is framed under Section 9A and has been decided, holding that the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a revisional Court, on the date of commencement of the Amended Act, the said revision application shall stand abated. She further pointed out that the proviso to Section 3(2) stipulates that where a decree in such suit is appealed from any error, defect or irregularity in the order upholding jurisdiction, shall be treated as one of the grounds of objection in the memorandum of appeal, as if it had been included in such memorandum.

application stands abated and can be disposed of accordingly. Considering that the section 9A has been repealed and in view of the clear provisions of Section 3 (2) of the said Act, in the facts of the present case, this Civil Revision Application stands abated and is disposed of accordingly. However, there shall be no order as to costs. (B.P.COLABAWALLA, J) 3/3