1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1461/2010 Tejraj s/o Uderaj Oswal Vs. Dr. Padamchand s/o Uderaj Oswal and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Bhide, Adv. for the petitioner. Mr. Deshpande, Adv. for respondents 1 and 2. CORAM: B.P.DHARMADHIKARI, J. DATE : 2nd SEPTEMBER 2010. Heard Advocate Bhide for the petitioner/contesting defendant and Advocate Deshpade for respondents 1 and 2 (original plaintiffs). The petitioner has filed application under Order VII Rule 11 of CPC raising objection to the maintainability of the suit and has filed separate application under Section 8 of Arbitration and Concilliation Act. The plaintiffs have filed an application under Order XXXIX Rules 1 and 2 of CPC. By the impugned order, the trial Court has decided to first take application under Order XXXIX Rules 1 and 2 of CPC. Both the counsel jointly state that they have no objection, if all the applications are heard and decided together. They point out that apart from these applications, an application seeking for appointment of Court Receiver moved by the plaintiffs is also pending. 2 In the circumstances, in view of joint statement made by respective counsel for contesting parties, the impugned order dated 6.2.2010 passed below Exhibit 46 in Special Civil Suit No. 44/2009 is modified. The trial Court shall decide all the applications together at the earliest. The parties are directed to remain present before the trial Court on 15th September, 2010. In view of this order and directions, writ petition is disposed of. No costs. JUDGE Ambulkar.