: 1: chs.130.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.130 OF 2011 IN SUIT NO.2955 OF 2010 Shaikh Jaber Abdullah J Al Sabah ..Plaintiff Versus Ravindra Mukund Chafe & Anr. ..Defendants And Jyoti Mahendrakumar Desai .. Applicant Mr.Devendra Sharma for Applicant Mr.Haresh Jagtiani, Sr. Counsel i/b Yashpal Jain & S.Jain for Plaintiff Ms.Sapna Raichure i/b T.N. Tripathi & Co. for Defendant No.1 Mr.Hemant S. Deshpande for Defendant No.2 CORAM : DR. D.Y. CHANDRACHUD,J. MARCH 15, 2011 P.C : 1. The learned Counsel appearing on behalf of the applicant seeks leave to withdraw the Chamber Summons since the applicant proposes to institute an independent suit to prosecute such rights as he may claim. The Chamber Summons is dismissed as not pressed. Liberty reserved to the applicant to adopt appropriate proceedings in accordance with law. (Dr.D.Y. Chandrachud, J.) : 2: chs.130.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3397 OF 2010 IN SUIT NO.2955 OF 2010 Shaikh Jaber Abdullah J Al Sabah ..Plaintiff Versus Ravindra Mukund Chafe & Anr. ..Defendants Mr.Hemant S. Deshpande for Defendant No.2 – in support Mr.Haresh Jagtiani, Sr. Counsel i/b Yashpal Jain & S.Jain for Plaintiff Ms.Sapna Raichure i/b T.N. Tripathi & Co. for Defendant No.1 CORAM : DR. D.Y. CHANDRACHUD,J. MARCH 15, 2011 P.C : 1. At the hearing of the Notice of Motion, the learned Counsel appearing on behalf of Defendant No.2 has submitted that a preliminary issue u/s 9A of the Civil Procedure Code be framed on (i) the maintainability of the Suit u/s 6 of the Specific Relief Act and (ii) whether the Suit is barred by section 41 of the Presidency Small Causes Court Act, 1882. Hence the following issues are drawn up: (i) Is the Suit not maintainable u/s 6 of the Specific Relief Act 1963? (ii) Is the Suit barred by the provisions of Section 41 of the : 3: chs.130.2011 Presidency Small Causes Court Act, 1882 2. The learned Counsel appearing on behalf the Plaintiff submits that in view of the preliminary issues having been drawn up in terms stated hereinabove, the Motion may be disposed of. The preliminary issues shall be taken up for consideration before the Plaintiff's Notice of Motion No.3262 of 2010 is taken up for hearing. 3. The further hearing on the preliminary issue shall stand over to 25.3.2011 alongwith the Motion of the Plaintiff. 4. Notice of Motion No.3397 of 2010 shall stand disposed of since the only relief pressed is to frame a preliminary issue.