: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.142 OF 2007 B.Dass & Sons ... Appellant V/s. M.S.E.B. & Anr. ... Respondents Mr.V.S. Gokhale for Appellant Ms.A.R.S. Baxi for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 10, 2009 P.C.: 1. The grievance of the appellant is against the order passed by the trial Court returning the plaint as the trial Court i.e. VII Joint Civil Judge, Senior Division, Pune has no jurisdiction to try the same. A suit for recovery of damages was filed by the plaintiff-appellant in Pune. The respondent presented an application u/s 9A of the Civil Procedure Code for deciding the preliminary issue whether the Civil Judge, Senior Division, Pune has jurisdiction to try the suit. This application has been decided and the Court has held that since the work carried out was in Solapur, it would be that Court which would have jurisdiction and therefore the plaint was returned. 2. In my opinion, there is no error committed by the Court below. An attempt : 2 : was made by Mr.Gokhale, appearing for the appellant, to submit that an application u/s 9A to decide the preliminary issue can be considered only if interim relief is sought by the plaintiff. He submits that since the plaintiff in this case has not sought any interim relief, such application would not lie and the issue of jurisdiction could be considered only at the final hearing. 3. This submission cannot be accepted as the provisions of section 9A are unambiguous and do not admit of the interpretation sought to be placed on the words by Mr.Gokhale. 4. Therefore, Appeal from Order is dismissed. In view of the disposal of the Appeal from Order, Civil Application No.210 of 2007 does not survive and the same is disposed of accordingly.