Chandka 1 APP-97-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 97 OF 2011 IN NOTICE OF MOTION NO. 773 OF 2007 IN SUIT NO. 466 OF 2007 Associated Bombay Cinemas Private Limited ..Appellant versus Tarika Trade and Investment Private Limited ..Respondent Mr. Dinyar Madon, Sr. Advocate with Mr. Paritosh Jaiswal i/b. Kanga & Co. for Appellant. Mr. P. K. Samdhani, Sr. Advocate with Mr. Mayur Khadapkar i/b. Prakash & Co. for Respondent. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 01 March 2011. P.C. : 1. Leave to amend in terms of the draft amendment tendered by the learned counsel appearing on behalf of the Appellant. Amendment to be carried out during the course of the day. Verification is dispensed with. 2. Admit. On the request of the learned counsel and with their consent the Appeal is taken up for final disposal. Chandka 2 APP-97-11 3. The learned counsel appearing on behalf of the Appellant and the Respondent are agreed that the facts of this Appeal are similar to those of companion Appeal No. 96 of 2011 which has been disposed of by a Judgment delivered today. Hence, in terms of the statement made before the Court the Appeal shall stand disposed of in the same terms. The following two issues are accordingly raised:- (i) Is the suit within limitation? and (ii) Is the jurisdiction of this Court barred by the provisions of Section 33 of the Maharashtra Rent Control Act, 1999? These two issues shall be decided as preliminary issues. The impugned order of the learned Single Judge is accordingly set aside. The ad interim order dated 3 May 2007 which was passed by the Division Bench in Appeal, during the pendency of the Motion directing the maintenance of status quo shall however continue to operate in terms of the provisions of Sub Section 2 of Section 9-A pending the determination of the preliminary issues and the Motion. The Appeal is accordingly disposed of in these terms. There shall be no order as to costs. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)