:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 9186 OF 2007 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.V.Dhond with Mr.Cyrus Bharucha and Mr.Faisal Sayyed, Mr.Sopan i.by. Manilal Kher Ambalal & Co. for the petitioners. Mr.S.U.Kamdar, Sr.Adv with Mr.S.P.Bharat, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 12TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The petitioners are aggrieved by an ad-interim order passed in a suit instituted by the respondents. It is their submission that the suit itself is not maintainable, in the light of the provisions contained in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short ‘DRT Act), so also, the Secrutisation Act. :2: :2: :2: 2. It is their grievance that the Trial Court has not decided the preliminary issue nor has vacated the ad-interim injunction running against them. I am informed by both sides that the matter is placed before the Trial Court on 16.2.2008. The Trial Court is directed to decide the Issue of jurisdiction, so also, the application filed by the petitioners for vacating the ad-interim injunction as expeditiously as possible and within a period of two weeks from the next date stipulated for appearance of parties. Both sides state before me, that insofar as jurisdictional issue is concerned, they do not intend to lead any oral evidence. In such circumstances, the Trial Court to decide the said issue without any oral evidence being led by parties and within the time frame stipulated above. Both sides to co-operate by not seeking unnecessary adjournments. All contentions of both sides are kept open. Petition is disposed off. No order as to costs. :3: :3: :3: (JUDGE)