1 ao329-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.329 OF 2005 Gram Panchayat, Sangavade & Anr. .. Appellants V/s. Amit Spinning Industries Ltd. & Ors. .. Respondents ..... Mr. T. D. Deshmukh for the appellants. Mr. P. H. Chande i/b. Mr. H. H. Chande for respondent No.1. Mr. A. H. Palekar AGP for respondent Nos. 2 to 4. ..... CORAM : A. S. OKA, J. DATE : MARCH 31, 2011. JUDGMENT :- Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondents. 2. A suit has been filed by the first respondent against the appellants and second to fourth respondents for injunction restraining the appellants from recovering any amount more than the amount mentioned in the agreement dated 27th August, 2001 and restraining the appellants from interfering with the day to day functioning as well as the production in the factory of the first 2 ao329-05 respondent and from illegally entering the factory premises of the first respondent. The trial Court framed a preliminary issue of jurisdiction and dismissed the suit by holding that the Civil Court has no jurisdiction to entertain the suit. An appeal was preferred by the first respondent in which the impugned order of remand was passed. 3. The learned counsel appearing for the appellants pointed out that the Appellate Court has held that the first part of prayer (a) was not maintainable and the Civil Court has no jurisdiction to grant that part of the relief but the second part of the prayer (a) could have been considered by the trial Court on merits. He submitted that in the operative part there is no reference to this aspect and there is a blanket order of remand. 4. I have considered the submissions. I have heard the learned counsel appearing for the first respondent. In paragraph No.15 of the impugned judgment, the District Court has observed thus : “It is further contention of the plaintiff that, for the purpose of recovery of the lumpsum tax the existing Sarpanch of defendant No.1 and some members of the Grampanchayat, have threatened the plaintiff to obstruct 3 ao329-05 the day to day functioning of the factory by locking the same and therefore, the plaintiff has prayed for injunction against the defendants restraining them from causing obstructions to the functioning of the factory and form entering in the premises of the factory illegally. On perusal of the facts and the relief claimed by the plaintiff, it appears that, there are two folded pleadings. So far as question with regard to the dispute about levying of a tax is concerned, I am of the opinion that, the Civil Court has no jurisdiction but so far as other part of the pleading and relief of plaintiff is concerned, I am of the opinion that, the Civil Court has jurisdiction to entertain such relief.” 5. Thereafter, the learned District Judge observed that if there is a dispute regarding levy of tax, then the aggrieved party has an efficacious remedy under the law. 6. The operative part of the impugned Judgment indicates that there is a blanket order of remand passed. The operative part is not consistent with the reasons recorded. There is no challenge by the first respondent to the findings recorded by the Appellate Court. Hence, the impugned order will have to be modified and, accordingly, I pass the following order: :: O R D E R :: i. The impugned Judgment and decree dated 4 ao329-05 8th December, 2003 passed by the trial Court of dismissing the suit filed by the first respondent is modified. The suit stands dismissed as far as the first part of the prayer clause (a) of the plaint regarding injunction restraining the appellants from recovering an amount more than what is provided in Agreement dated 27th August, 2001 is concerned. In respect of the remaining part of the prayer (a), the suit is maintainable in the Civil Court. ii. Accordingly, the impugned Judgment and order of the District Court is modified and the trial Court shall decide the suit in terms of the modified order as above. iii. The Appeal From Order is partly allowed in the above terms with no order as to costs. JUDGE