1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 587 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.G.Surana for the Petitioner. Shri Kunal Cheema for the Respondents. -- CORAM : A.S.OKA, J. DATE : 29th January 2010. P.C.: . Heard learned counsel appearing for the Petitioner. A challenge in this Writ Petition under Article 227 of the Constitution of India is to an order dated 23rd September, 2009 passed by the trial Court on a Notice of Motion taken out by the Petitioner. The Petitioner is one of the Defendants. In the Notice of Motion, a prayer was made for deciding an issue of jurisdiction as preliminary issue in accordance with Section 9A of the Code of Civil Procedure, 1908. The prayer in the said Notice of Motion has been rejected on the ground that the same has been belatedly made. The trial Court observed that the issue of jurisdiction has already been framed. 2 2. In any case, when the Notice of Motion was taken out, no application for interim relief was pending and, therefore, prayer made under Section 9A of the said Code was completely misconceived. While passing the impugned order, the issue of jurisdiction has been kept open. 3. Hence, no case for interference is made out. Hearing of the suit is expedited. All contentions of the parties including the contention regarding bar of jurisdiction are kept open. (A.S.OKA,J