spb/- 1 nms1999-06.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1999 OF 2006 IN SUIT NO. 1223 OF 2006 Mrs. Jaymala Sudhir Kamath ... Plaintiff. V/s. M/s. Orbit Ventures & Company & Others. ... Defendants. ----- Ms. Bhavana Shah for the Applicant/ Defendant No.4. Mr. R.R.Sharma for the Plaintiff. Mr. A.A.Jakatdar for Defendant Nos. 1 to 3. Mr. A.S.Vakil for Defendant No.5. ----- CORAM : D. G. KARNIK, J. DATE : 30th JUNE, 2011. P.C. : 1 Heard learned counsel for the parties. 2 By this Notice of Motion defendant no.4 prays that issue of jurisdiction be framed and be tried as a preliminary issue. Counsel for the plaintiff says that the question of jurisdiction in the present case is mixed question of law and facts and, therefore, issue of jurisdiction cannot be framed as preliminary issue. In my view the submission of the counsel for the plaintiff deserves acceptance. Since the issue regarding jurisdiction, in the facts and circumstances of the case is mixed question of law and spb/- 2 nms1999-06.sxw facts, evidence would be required to be adduced for its decision and framing and deciding it would result in a piece-meal trial. 3 Motion is dismissed. [D.G. KARNIK, J.]