Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 7960 of 2008 Mr. Vishal J. Bhatia ...Petitioner V/s. M/s. Batra Industries (I) & ors. ...Respondents Mr. M.P.Vashi for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 5TH JANUARY, 2009 : 5TH JANUARY, 2009 : 5TH JANUARY, 2009 P.C. . Heard Counsel for the petitioner. According to petitioner, except the bald statement made in the written-statement in clause (c) at page-39 that the Court has no jurisdiction to entertain and try the Suit, no other matter has been clarified. The basis as to why the Court has no jurisdiction is not forthcoming. Notwithstanding that the trial Court has framed the preliminary issue. The petitioner is at a loss to deal with the said issue in absence of clear stand taken by the defendant with regard to jurisdiction of the Court. There can be no difficulty in accepting the stand point of the petitioner and his predicament in dealing with the issue of jurisdiction. Unless the petitioner-plaintiff is put to clear notice as to why the Court has no jurisdiction-either on account of factual matrix or on some legal principle, it would be 2 difficult, if not impossible, for the petitioner-plaintiff to deal with the said issue. Instead of entertaining the present petition, the appropriate course to my mind is to give liberty to the petitioner to move the trial Court to call upon the defendant to elaborate the stand regarding jurisdiction of the Court by giving better particulars and thereafter proceed to adjudicate the issue framed as preliminary issue under Section 9A of the Code of Civil Procedure. If such request is made by the petitioner, the trial Court may pass appropriate directions as may be required. 2. All questions with regard to issue of jurisdiction are left open. The same will be decided by the trial Court on its own merits. Petition disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]