IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 425 OF 2009 MRS. FLORA PEREIRA AND 3 ORS., ... Petitioners Versus ATMARK FINVEST PRIVATE LIMITED AND 2 ORS., ... Respondents Ms. Susan Linhares, Advocate for the Petitioners. Coram:- N. A. BRITTO, J. Date:- 14th July, 2010 P.C.: Heard. 2. The Writ Petitioners are the defendants in Special Civil Suit No.82/2007/II. This Writ Petition is directed against order dated 16/03/2009 by which their application for non maintainability of the suit in terms of Order VII Rule 11 C.P.C. has been rejected. It appears that the said order came to be passed in the absence of the defendants. Now it appears it is the turn of the plaintiffs to remain absent before this Court. 3. According to the defendants, they had raised two points namely that the suit filed by the plaintiffs was not maintainable in terms of Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and also on the ground of limitation, as the suit was not filed within a period of three years. Considering the facts of the case, it is desirable that both the points are decided by the learned trial Court after hearing both the parties. Consequently, this Writ Petition succeeds. The order dated 16/03/2009 is hereby set aside. The matter is remanded to the learned trial Court to decide the application of the defendants, in the light of the points raised and after hearing both the parties. Let this exercise be completed within 3 months, after the plaintiffs are served. Defendants to appear before the learned trial Court on 13/08/2010 at 2.30 p.m. N. A. BRITTO, J. NH