Uco Bank, Throgh Its Chief Manager And Authorized Officer, Nagpur v. New Age False Ceiling Pvt. Ltd., Thr. Directors, Manoj Shashiprakash Gupta And Others

2023:BHC-NAG:15118-DB 1 11-WP-6909-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6909 OF 2023 (UCO Bank, through its Chief Manager and Authorized Officer Vs. New Age False Ceiling Pvt. Ltd., through its Directors & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri Yash Bhelande, Counsel for the petitioner. CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

ATE : OCTOBER 13 , 2023 The petitioner is the defendant in Regular Civil Suit No. 258/2023 that has been filed by the respondents. The grievance of the petitioner is that an order of status-quo has been passed on 4/2/2023 which continues to operate even today. The petitioner has moved an application under the provisions of Order 7 Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of the plaint on the ground of jurisdiction. It is urged that though this application was moved on 8/3/2023, the same has not yet been considered. 2] In these facts, the petitioner is permitted to move an application for seeking expeditious decision on the application below Exh.15 that has been filed under the provisions of Order 7 Rule 11 of the Code of Civil Procedure. If such an application is moved, the trial Court shall consider the same in accordance with law. Needless to state that if the petitioner is not satisfied with the outcome of that application, it is free to take legal recourse in accordance with law. 3] The Writ Petition is disposed of.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) SUMIT