1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4976 OF 2010 (Indoworth India Ltd. vs. Asset Reconstruction Company & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 13, 2010. The matter was heard yesterday. Today, Shri Dewani, learned counsel has filed submissions on behalf of Respondent No. 1 – plaintiff. Upon instructions, Shri Jaiswal, learned counsel for the petitioner seeks leave to delete Respondents No. 2 to 9 as Respondent No. 1 is the only plaintiff. Hence, deletion allowed. It be effected immediately. The challenge in this petition is to the order dated 28.09.2010 by which 4th Joint Civil Judge, Senior Division, Nagpur. Trial Court has observed that exception to rule prescribed by Section 9A of Civil Procedure Code is provided for in its sub-section (2). In view of that exception, the learned Judge has observed that he did not find it just and proper to keep the application Exh. 5 pending till the decision of applications challenging the jurisdiction, maintainability etc. of the suit. Shri Jaiswal, learned counsel has stated that 2 Exh. 25 annexed with the petition as Annexure “D” is the only application on record filed by present petitioner which can be said to be referable to provisions of Section 9A of Civil Procedure Code. Shri Dewani, learned counsel for respondent No. 1 – plaintiff disputes this. I do not find it necessary to go into this controversy. The learned trial Court has specifically made reference to provisions of sub-section (2) of Section 9A. Therefore, it is apparent that said court is considering passing of appropriate orders as permitted under that sub-section and the Court is aware of law and is not going to dispose of application at Exh. 5 itself finally. Hence, the said Court is free to pass appropriate orders as permitted under sub-section (2) of Section 9A. The contentions of parties that application at Exh. 25 is referable to or not under the provisions of Section 9A can be looked into by said court in accordance with law. With this clarification and observation, writ petition is disposed of. No order as to costs. JUDGE *GS.