1 52 nms.1453.08 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1453 OF 2010 IN SUIT NO. 1910 OF 2009 Alex Kurivilla. ... Plaintiff Vs. Oriental Bank of Commerce and others. ... Defendants ----- Mr. Haresh Jagtiani, Senior Counsel, a/w Yashpal Jain, Siddhesh Bhole, S. Jain and K.Lobo i/b Yashpal Jain the Plaintiff. Ms. Rajni Iyer, Senior Counsel, a/w P.N.Kamat i/b N.K.Kamat for Defendant No.1. Ms. Sujata Maelekar i/b Dholakia Law Associates for Defendant No.3. ----- CORAM : A.S.OKA, J. DATE : 25 th January, 2011. P.C. 1 Heard the learned senior counsel appearing for the 1 st defendant in support of the notice of motion. I have heard the learned counsel appearing for the Plaintiff, who has opposed the notice of motion. The present notice of motion has been taken out for framing a preliminary issue in accordance with Section 9 (A) of the Code of Civil Procedure, 2 52 nms.1453.08 1908 and for vacating ad-interim relief granted in Notice of Motion No. 2778 of 2009. 2 Notice of Motion No. 2778 of 2009 for temporary injunction and appointment of Court Receiver is pending for hearing. In view of mandate of Section 9 (A) of the Code of Civil Procedure, 1908, as issue of jurisdiction of this Court has been raised at the time of hearing of application for temporary injunction, the said issue will have to be tried as a preliminary issue. Accordingly, following preliminary issue is framed: “whether the 1 st defendant proves that this Court has no jurisdiction to entertain and try the suit in view of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.” 3 The issue of jurisdiction shall be heard on 22 nd February, 2011. Parties are free to adduce evidence on the said issue. The learned counsel appearing for the parties state that they do no desire to adduce evidence. 3 52 nms.1453.08 4 Prayer clause (a) of this notice of motion cannot be granted as ad-interim relief has been granted after hearing the 1 st defendant. 5 Hence, notice of motion disposed of on above terms. 6 Notice of Motion No. 2778 of 2009 will be decided at the time of hearing on preliminary issue. [ A.S.OKA, J ]