1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4137 OF 2007 M/s.Pawar Krishi Kendra. ...Petitioner. vs. The Maharashtra State Co-operative Marketing Federation Ltd. ...Respondent. --- Mr.R.S.Ghadge i/b. A.S.desai, for Petitioner. Mr.Phiroze Palkhiwala with Madhukar Kalzunkar i/b.Navdeep Vora & Associate,for Respondent. --- CORAM: D.K.DESHMUKH, J. DATED: 7th March,2008. P.C.:- 1. By this petition, the petitioner challenges the order passed by the Maharashtra State Co- operative appellate Court, Mumbai dated 7th 2 April,2007, dismissing the appeal filed by the petitioner. The petitioner had filed an appeal against the Award made by the Co-operative Court against him. The only point that was argued before me was that the trial Court should have framed the issue about territorial jurisdiction of the Court to try the dispute. Admitted position is that the petitioner had filed written statement. Admittedly, in the written statement objection as to the territorial jurisdiction of the Court to try the dispute was not raised. It appears that subsequently an application was made requesting the Court to frame the issue. If the objection as to the territorial jurisdiction of the Court to try the dispute was not raised in the written statement, no fault can be found with the Court not framing the issue. In the reply filed by the respondent, a copy of the order passed by the trial Court dated 4.3.2006 is annexed. Perusal of that order shows that a separate application was filed on behalf of the petitioner raising objection to the territorial jurisdiction of the Court to try the dispute. The Court by a detailed order rejected the application holding that 3 it had jurisdiction to try the dispute. Therefore, the grievance made that the issue as to the territorial jurisdiction has not been decided, is wrong. There is no substance in the petition, hence, it is rejected. (D.K.DESHMUKH, J.) ---