1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 838 OF 2005 IN SUIT NO. 49 OF 2005 Usha Ajit Jhaveri ...Plaintiff vs. Prasanna Moholal Shah & Ors. ...Defendants None for the Applicnat/Original Defendant No.4 in suport of Notice of Motion. Mr.Prasad Das for the Plaintiff. Mr.Vanita Karkar for Defendant Nos.1 to 3. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 1, 2009 P.C. :- 1 Defendant no.4 has taken out this Notice of Motion for framing preliminary issue of jurisdiction under Section 9A of Code of Civil Procedure. Defendant no.4 also has prayed that the issue of maintainability of the present suit on the ground that the suit is not maintainable for want of notice under Section 164 of the Maharashtra Co-operative 2 Societies Act, 1960 also be framed and thirdly, it is prayed that the issue of maintainability of the suit on the ground of cause of action under Section 7, Rule 11 may also be framed. 2 In view of the provisions of Section 9A of the Code of Civil Procedure, since the issue of jurisdiction has been raised by the defendant no.4, in my view, it would be appropriate if this issue is framed and decided first as a preliminary issue. The following issues are, therefore, framed :- 1)Whether the suit in the present form is maintainable and whether this court has the jurisdiction to try and decide the said suit? 2)Whether the suit is maintainable for want of notice under Section 164 of the Co-operative Societies Act, 1960? 3)Whether the suit is maintainable for want of cause of action under Order 7, Rule 11 of the Code of Civil Procedure? 3 Notice of Motion, accordingly, is allowed 3 in the aforesaid terms and is disposed of. Preliminary issues to be decided after four weeks. (V.M. KANADE, J.)