: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1133 OF 2008 WITH CIVIL APPLICATION NO.1390 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.S.S. Patwardhan i/b Mr.P.J. Pandit for the Appellant. Mr.Vivek Walawalkar i/b M/s.B. Amin & Co. for Respondent No.3. CORAM : S.J. VAZIFDAR, J. DATED : 14TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. Having come to the conclusion that the trial Court had no territorial jurisdiction and having passed the order returning the plaint for its presentation before the proper Court under Order VII Rule 10 of the C.P.C., the learned Judge ought to have dismissed the Notice of Motion only on the ground that it did not : 2 : survive. 3. In the circumstances, the impugned order is sustained in so far as it returns the plaint. The Notice of Motion shall also stand dismissed but only on the ground that it did not survive in view of the return of the plaint. The observations on merits shall not affect the Appellant in any other proceedings that may be adopted by any of the parties. 4. The Appeal from Order and the Civil Application are accordingly disposed of. Ad-interim order shall continue upto and inclusive of 15.12.2008 only to enable the Appellant to make an application before the proper Court. It is clarified that it is not granted on merits.