1 60 wp.8736.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 8736 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mrs. Anjali Helekar for the Petitioner. CORAM : A.S.OKA, J. DATE : 12 th December, 2011. P.C. . Heard the learned counsel appearing for the Petitioner. 2 The Petitioner is the Defendant No.1 in a suit filed by the Respondent Nos.1 and 2. An application for temporary injunction was made by the Respondent Nos.1 and 2. While contesting the said application, the Petitioner raised an objection to the jurisdiction of the trial Court to entertain the suit. The interim application was rejected by the trial Court. An appeal preferred by the Respondent Nos.1 and 2 has been dismissed. 3 The grievance of the Petitioner is that the 2 60 wp.8736.11 preliminary issue of jurisdiction as required by Section 9-A of the Code of Civil Procedure, 1908 ought to have been framed and decided. The contention is that the issue goes to the root of the matter. 4 I have carefully considered the submissions. There is no application for injunction or appointment of the Court Receiver pending. Hence, at this stage, Section 9-A of the said Code will have no application. The Appellate Court has already observed that the issues will have to be framed by the trial Court and thereafter, the issue of jurisdiction can be decided. 5 As there is no occasion to apply Section 9-A of the said Code, there is no merit in the petition and the same is rejected. 6 As and when the issues are settled and if an issue based on the plea of bar of jurisdiction is framed, it will be open for the Petitioner to apply to the trial Court for treating the said issue as a preliminary issue. [ A.S.OKA, J ]