1 FA 294 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.294 OF 2011 M/s Nahalchand Laloochand Pvt. Ltd .. Appellant -versus M. C.G. M. and anr .. Respondent. Mr. Rajesh N. Kachare, for the appellant. Mrs. K.K. Soraan, for the respondent. CORAM: A. S. OKA, J. DATED: 13th April, 2011 P.C. 1. Heard learned counsel appearing for the parties. By consent, this appeal is taken up for final disposal. 2. By the impugned order, plaint has been ordered to be rejected on the basis of clause (d), of sub section 3 of Section 328 of the Mumbai Municipal Corporation, Act, 1888. The only reasoning given by the learned trial Judge is in paragraph Nos 5 and 6 of the order which reads thus:- “5. Thus it is clear that the suit is expressly barred by Sec.328 (3)(d) of MMC Act, 1888. Hence when the plaintiff was called upon to show cause why the plaint should not be rejected by convincing this court thereto, the plaintiff willfully avoided to do 2 FA 294 OF 2011 so. Hence now I have to take into account the purport of O.VII, R.11 (d) of CPC, which reads as under: “where the suit appears from the statement in the plaint to be barred by any law” 6. Thus it is clear that suit is barred by Sec.328 (3) of MMC Act, 1888. Secondly it is revealed that plaintiff has other efficacious remedy in complying the Notice as per call given by the Assistant Commissioner. Hence plaint deserve to be rejected by invoking the above said order. In the result, the following order”. 3. On plain reading of clause (d) of sub section 3 of Section 328 of the said Act, same does not provide for any express or implied ouster of jurisdiction of the Civil Court to entertain the present suit. Hence, the impugned order will have to be quashed and set aside. Hence I pass the following order. ORDER I) The impugned order dated 21st January, 2011, is quashed and set aside and L.C. Suit NO.2006 of 2010 is restored to the file of the learned Trial Court. II) If any Notice of Motion for temporary injunction 3 FA 294 OF 2011 was pending on the date of passing the impugned order, the Notice of Motion and ad interim reliefs, if any, also stand restored. III) All contentions of the parties on merits of the suit are kept open. IV)Civil Application No.499 of 2011 does not survive and the same is disposed of. (A.S. OKA, J.)