1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 3204 OF 2009 WITH CROSS OBJECTION NO.9376 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 27.04.2010 Heard Mr. P.H. Kapadia, Advocate Advocate for the appellant and Mr. Ajit M. Gholap, Advocate for sole respondent. This appeal with Cross Objection is taken up for final hearing with the consent of both the parties. 2. This appeal is directed against the judgment and decree passed by the Joint Civil Judge, S.D. Ahmednagar in Special Civil Suit No.85/2007 decided on 26-08-2009. As against the same order, Cross Objection is also filed and numbered as Cross Objection No. 9376/2010. 3. Suit was for recovery of Rs. 2 3,20,494/- from the defendant - respondent. It is stated that the plaintiff - appellant is a proprietary firm dealing in business of manufacturing of transformers and coils etc., at Ahmednagar and the defendant Company is dealing in business of manufacturing C.D. players and other electronic devices and there were business transactions between the appellant and the respondent. An amount of Rs.3,20,494/- was due towards the said transaction. 4. The respondent resisted the suit by filing Written Statement and one of the issues is whether the Court has jurisdiction to entertain the suit and the Court answered issue No.2 in the negative and still, dismissed the suit. If the Court has no jurisdiction, it ought not to have answered other issues and should have returned the plaint for presentation before proper Court. 5. In this view of the matter, this appeal is partly allowed. In view of the finding on issue No.2, plaint is 3 directed to be returned to the plaintiff - appellant for presentation in proper Court. The findings of the trial Court on other issues are hereby set aside and the appeal is partly allowed and disposed of. Cross Objection is allowed to the extent of setting aside the finding on Issue No.1 and disposed of. [P.R. BORKAR,J.] sut/APR10/fa3204.09