1 AO NO.110/2011 & CRA 186/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 110 OF 2011 ,With CA/7772/2011 ,In AO/110/2011 DILIP SUWALAL JAIN AND ANR VERSUS SWARUPCHAND RAYCHAND JAIN AND ORS ... Advocate for Petitioners : Mr.Mantri Ramesh R. for Respondents No.1 : Mr. S.V.Natu. Respondent nos. 2 to 4 & 6 served. Respondent no.5 served (affixing on door). ... WITH CIVIL REVISION APPLICATION NO. 186 OF 2011 DILIP SUWALAL JAIN AND ANR VERSUS SWARUPCHAND RAYCHAND JAIN AND ORS ... Advocate for Petitioners : Mr.Mantri Ramesh R. Advocate for respondent no.1: Mr. S.V.Natu. Respondent nos.2 to 6 served. ... CORAM : K.U. CHANDIWAL, J. Dated: December 17, 2011 ... PER COURT :- 1. The parties are referred as per their original status. Defendant raised an objection to the jurisdiction of the Court as, by virtue of the pleadings of the plaintiff, there was arbitration clause and the matter should have been first adjudicated upon before an arbitrator 2 AO NO.110/2011 & CRA 186/2011 and, in absence of that, the hearing of Exh.5, it is felt, is unwarranted. 2. Section 9-A of C.P.C. has an in-built arrangement. It, indeed, does not inhibit the Court, by virtue of clause 2 thereof, which starts with a non obstante clause, to entertain such application, as the Court may consider necessary, pending determination of the preliminary issue as to jurisdiction. 3. The observation of the learned Judge in not entertaining objection raised by the defendant to decide Section 9-A application. and to its keep hands tight in respect of Exh.5, in the above scenario, cannot be countenanced. However, the learned Judge shall re-appreciate the application moved under Section 9-A of C.P.C. on its own merit and decide the same by formulating a preliminary issue. To this effect the order of the learned Judge in Civil Revision Application No.186/2011 is modified. Civil Revision Application allowed to the extent as above. 4. In the light of the above, the appellant does not press Appeal From Order No.110/2011. It is accordingly dismissed. Civil Application disposed of. 3 AO NO.110/2011 & CRA 186/2011 The learned Judge shall ensure to dispose of the application for determination of jurisdiction in a time frame not beyond four months of receiving communication. ( K.U. CHANDIWAL, J. ) ... agp/110-11ao