Union Bank Of India v. Union Of India Through Ministry Of Law And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12600 OF 2018 Union Bank of India .. Petitioner V/s.

Union of India and Anr.

.. Respondents Mr.H.P.Kar I/b M/s.Interjuris for the petitioner Ms.Pallavi Kulkarni I/b Mr.Vivek Phadke for the respondent no.2

CORAM:

K.K. TATED, J DATED :

FEBRUARY 6, 2019 P.C. :

Heard.

By this petition, under Article 227 of the Constitution of India, petitioner is challenging the order dated 16.09.2014 passed by Bombay City Civil Court at Bombay in Short Cause Suit No.2454 of 2014 on preliminary issue holding that, that court has Jurisdiction to try and decide the suit.

Section 9A of the Code of Civil Procedure, 1908 is deleted. In view of Maharashtra Ordinance No.XVIII of 2018 dated 27.06.2018, saving clause 3(2), this Writ Petition abates, which read as under :

Mohite 1/2

20 wp12600-18.doc "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:

...."

Accordingly, Writ Petition stands disposed of as abated. No order as to costs.

(K.K. TATED, J.) Mohite 2/2