1 wp6827.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6827 OF 2010 Daily Bread-N-Foods & Anr. ...Petitioners vs. Universal Mechanical Works Pvt.Ltd. & others ...Respondents Ms Taubon F. Irani for the petitioners Ms Vidya Kamble a/w Ms Priti Tare i/b M/s. Bidawala & Co. for the respondent no.9 CORAM :A.S.OKA,J. DATE : SEPTEMBER 28, 2010 P.C. 1 By this writ petition filed by the petitioner- defendant no.6 under Article 227 of the Constitution of India the challenge is to the order dated 18th July 2008 which has been confirmed in revision. The 9th respondent is the original plaintiff. An application was made by the petitioners at Exh.21 praying for dismissal of the suit. The said application has been rejected by the learned trial Court which order has been confirmed in revision. 2 The learned counsel for the petitioners submitted that the suit is founded on the notice which on the face of it is illegal. The learned counsel submitted that in effect there is a challenge to the auction sale and therefore, the suit is not maintainable. The third submission is that the suit is barred by limitation. 3 On the aforesaid grounds, the suit cannot be dismissed at the threshold. Issue of limitation is a 2 wp6827.sxw mixed question of law and fact. An issue on the limitation will have to be framed at appropriate stage and parties will have to adduce evidence. The petitioners will have to file written statement and raise appropriate contentions. If written statement is already filed and contentions are already raised, it will be open for the petitioners to apply for framing appropriate preliminary issues. 4 Hence, no case for interference is made out. However, the contentions raised by the petitioners are kept open which will be considered by the trial Court at appropriate stage. 5 Subject to what is observed above, writ petition is rejected. 6 Civil application no. 2263 of 2010 does not survive and the same is disposed of. JUDGE