1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.386 OF 2008 IN NOTICE OF MOTION NO.3402 OF 2007 IN SUIT NO.2501 OF 2007 GTM Tele Shopping Pvt.Ltd. Appellants vs. Tele Mart Inc. Respondent Mr.S.K.Vyas, Senior Advocate with Mr.R.R.Varma i/b.Mr.P.M.Saraogi for the Appellants. Mr.Iqbal Chagla, Senior Advocate with Mr.Amit Jamsandekar, Mr.Riyaz Chagla i/b.M/s.D.H.Law Associates for the Respondents. CORAM : S.B.MHASE & R.V. MORE,JJ. DATED : 23rd September, 2008 P.C. Heard both the sides. 2. It appears that by the order dated 24.10.2007 in Appeal (L) No.813/2007 in Notice of Motion No.3402/2007 and Notice of Motion No.3737/2007 in Suit No.2501/2007, the learned Single Judge was requested to frame and decide a preliminary issue as to jurisdiction of this court to entertain the suit and try that issue in accordance with law. The learned Single Judge was further requested to hear the parties on the question of grant/continuation of ad-interim order on 29.10.2007. 2 Apart from that the learned Single Judge was also directed that the Notices of Motions which were taken out under Order XXXIX Rule 2A of C.P.C. for committing breach of the ad-interim order be taken after the issue of jurisdiction is decided. All these requests were made while disposing of the abovesaid Appeal (L) No.813/2007 in Notice of Motion No.3402/2007 and Notice of Motion No.3737/2007 in Suit No.2501/2007. However, it is brought to our notice that the issue pertaining to jurisdiction was not framed and has not been decided. 3. Now, the learned senior counsel for the Appellants submits that the learned Single Judge be also requested to dispose of the Notice of Motion No.3402/2007 wherein the ad-interim order has been passed by hearing it finally. The learned senior counsel for the Appellants also submitted that the learned Single Judge be requested to frame a preliminary issue in respect of jurisdiction to try the suit and decide it. The other side has no objection for this course. Therefore, we request the learned Single Judge to follow the directions given in the Appeal (Lodging) No.813/2007 in Notice of Motion No.3402/207 and Notice of Motion No.3737/2007 in Suit No.2501/2007 and frame a preliminary issue about jurisdiction and decide the same as early as possible after hearing both the sides and, if necessary, if the question of jurisdiction involves a 3 question of fact and law, then by allowing the parties by leading evidence in respect of the same. The learned Single Judge shall also dispose of the Notice of Motion No.3402/2007 finally. All this exercise be completed by the learned Single Judge within a period of three months. The parties are directed to cooperate with the learned Single Judge in disposing of the said Notice of Motion in this regard. 4. Appeal stands disposed of in the above terms. [R.V.MORE,J.] [R.V.MORE,J.] [R.V.MORE,J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]