1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8980 OF 2009 Samadhan Atmaram Patil & Ors ...Petitioners vs. M/s.ACC Concrete Ltd. ...Respondent WITH WRIT PETITION NO.894 OF 2010 M/s.A.C.C.Concrete Ltd. ...Petitioner vs. Samadhan Atmaram Patil & Ors. ...Respondent Mr.Uday Warunjikar for petitioner in W.P. no.894/2010 and for the respondent in W.P.No.8980/2009 Mr.E.P.Bharucha, Senior counsel with Mr.K.S.Bapat and Shri Jayesh Desai i/b M/s.Desai & Desai Associates for respondent no.1 in W.P.No.894/2010 and for the petitioners in W.P.No.8980/2009 CORAM :A.S.OKA,J. DATE : FEBRUARY 17, 2010 P.C. 1 Writ Petition No.8980 of 2009 has been filed by the original defendants and the Writ Petition no.894 of 2010 has been filed by the original plaintiffs. A suit was filed for perpetual injunction. An application for temporary injunction was made by the plaintiffs. An objection to the jurisdiction of the trial Court was raised by the defendants in accordance with section 9-A of the Code of Civil Procedure,1908 (hereinafter referred to as the said Code). The ouster of the jurisdiction was pleaded in view of the bar created by the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act,1971 (hereinafter referred to as the said Act). The said contention was raised by some of the defendants by filing an application at Exh.31. The plaintiffs filed an application at Exh.34 praying for grant of ad-interim relief in accordance with section 9- A (2) of the said Code. By a common order dated 1 st 2 August 2009, both the applications were disposed by. The application at Exh.31 made by the defendant was allowed by framing a preliminary issue of jurisdiction. The prayer made by the plaintiffs in application at Exh.34 for grant of ad-interim relief pending the issue of preliminary issue was rejected. The plaintiffs challenged the order passed on 1 st August 2009 to the extent to which the application at Exh.34 was rejected by preferring an Appeal. The said Appeal has been allowed by the learned District Judge by order dated 15 th October 2009. The District Court granted temporary injunction against the defendants till the disposal of the preliminary issue of jurisdiction. The defendants have filed Writ Petition no.8980 of 2009 for challenging the order passed by the Appellate Court. Writ Petition no. 894 of 2010 is filed by the plaintiffs for challenging that part of the order dated 1 st August 2009 by which the preliminary issue of jurisdiction has been framed under section 9-A of the said Code. 2 As far as Writ Petition no.894 of 2010 is concerned, the order impugned cannot be disturbed as section 9A incorporates a mandatory provision and the Court is bound to deal with the objection as to jurisdiction raised by the defendants in the reply filed to the application for temporary injunction. Therefore, no interference can be made in Writ Petition no.894 of 2010. 3 As far as Writ Petition no.8980 of 2009 is concerned, arguable questions are raised and rule will have to be issued. Order of temporary injunction granted by the Appellate Court on 15 th October 2009 has never operated as the same was stayed by the Appellate Court and the order of stay was continued by this Court. Ad-interim relief granted by this Court will have to be 3 continued till the application at Exh.5 is decided. 4 Hence, I pass the following order : WRIT PETITION NO.894 OF 2010 . Petition is rejected. WRIT PETITION NO.8980 of 2009 i) Rule. Ad-interim relief granted on 22 nd October 2010 will continue to operate as interim relief. ii)The trial Court is directed to take up the hearing of the preliminary issue on priority basis. The preliminary issue shall be decided as expeditiously as possible and in any event within a period of 8 weeks from the date of production of an authenticated copy of this order before the trial Court. iii)It will be open for the original plaintiff to request the trial Court to take up the application at Exhibit-5 for hearing along with hearing of the preliminary issue. If such request is made by the original plaintiff, the trial Court will take up the application at Exhibit-5 for hearing along with preliminary issue and will decide the same as expeditiously as possible and in any event within the aforesaid period of 8 weeks. iv)It is obvious that the application at Exhibit-5 will be decided by the trial Court without being influenced by the ad-interim and interim relief granted by this Court and without being influenced by the order impugned in Writ Petition no.8980 of 2009. 4 v) All contentions of the parties on merits of the preliminary issue as well as application at Exh.5 are kept open. JUDGE