1 app597.15.sxw ast/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 597 OF 2009 IN NOTICE OF MOTION NO.2809 OF 2009 IN SUIT NO.1985 OF 2009 Sharma Realty Pvt.Ltd. .. Appellant. V/s. M/s. Ackruti City Ltd.(Formerly known as Akruti City Ltd.) .. Respondent. WITH APPEAL NO. 15 OF 2010 IN NOTICE OF MOTION NO.3335 OF 2009 IN SUIT NO.2392 OF 2009 AND NOTICE OF MOTION NO.2809 OF 2009 IN SUIT NO.1985 OF 2009 Sharma Realty Pvt.Ltd. .. Appellant. V/s. M/s. National Industrial Corporation & Ors. .. Respondents. WITH NOTICE OF MOTION NO.186 OF 2010 IN APPEAL NO. 15 OF 2010 IN NOTICE OF MOTION NO.3335 OF 2009 IN 2 app597.15.sxw SUIT NO.2392 OF 2009 AND NOTICE OF MOTION NO.2809 OF 2009 IN SUIT NO.1985 OF 2009 Sharma Realty Pvt.Ltd. .. Appellant. V/s. M/s. National Industrial Corporation & Ors. .. Respondents. --- Mr.Ravi Kadam, AG with Mr.Ashish Kamat & Dilkush V. i/b.Shaunak Satpute & Co. for the Appellant. Mr. Virag Tulzapurkar, Sr. Advocate with Ms. Aziza Khatri & Ms. Vilona Shah i/b. Hariani & Co. for Respondent No.1. Ms.Gitanjali Prabhu with Ms. Pooja Koradia i/b. Vigil Juris for the Respondents. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: APRIL 15, 2010 P.C.: 1. Admit. 2. By consent of the parties, both appeals are disposed of on the following terms. (i) The order impugned in these Appeals is set aside. 3 app597.15.sxw (ii) The order dated 12th August, 2009 passed in Notice of Motion No.2809 of 2009 is also set aside. (iii) The learned Single Judge taking up the Notice of Motion No.3335 of 2009 in Suit No.2392 of 2009 shall frame the issue of limitation as preliminary issue and take up that issue for consideration first and thereafter, depending on the decision on that issue, pass order in that Notice of Motion. (iv) So far as Notice of Motion No.2809 of 2009 in Suit No.1985 of 2009 is concerned, it is common ground that there is no jurisdictional issue raised in that notice of motion. Therefore, hearing of that Notice of Motion can go ahead independently of Notice of Motion No.3335 of 2009. Learned Single Judge is requested to hear and decide the Notice of Motion No. 4 app597.15.sxw 2809 of 2009 as expeditiously as possible, preferably within a period of four months. (v) Learned Counsel appearing for Defendant Sharma Realty Private Ltd. in Suit No.1985 of 2009 states that without prejudice to their rights and contentions, the aforesaid defendant shall maintain status quo in terms of prayer clause (a)(i) of Notice of Motion no.2809 of 2009 during the pendecy of that Motion. The words remaining on in that prayer clause shall be bracketed and to be treated as excluded. (vi) Both the appeals disposed of accordingly. 3. Notice of Motion disposed of accordingly. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.)