Union Bank Of India, v. M/S Mac Remedies Pvt. Ltd.

Trupti 7-cra-1070-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 1070 OF 2014 Union Bank of India ....Applicant

Versus

M/s. Mac Remedies Pvt. Ltd.

...Respondent

......

Mr.Harinder Toor a/w. Mr. Jay Lathigara I/b. Inter Juris for the Applicant.

Mr.Sidharth Samantaray I/b. Mr.Vivek V. Phadke for the Respondent.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

JULY 02, 2018 P.C. :

1.

This Civil Revision Application is directed against the order dated 16.09.2014 passed by the City Civil & Sessions Court, Gr. Bombay, holding that Civil Court is having jurisdiction. While answering the preliminary issue, the learned Judge of the trial Court has held that the Civil Court has jurisdiction to try and decide the suit.

Trupti 7-cra-1070-14.doc 2.

In view of the Maharashtra Ordinance No. XVIII of 2018 dated 27th June, 2018, saving clause 3 (2) thereof which reads as under, this Civil Revision Application abates : 3(1).....

(2) in all the cases, where a preliminary issue framed under section 9A 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 Amendment Ordinance, such revisional proceedings shall stand abated:

...."

3.

Accordingly, the Civil Revision Application is disposed of as abated.

4.

The learned Counsel for the applicant wants to challenge the order of the trial Court under supervisory jurisdiction under Article 227 of the Constitution of India.

(MRIDULA BHATKAR, J.)