:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 490 OF 2008 WRIT PETITION NO. 490 OF 2008 WRIT PETITION NO. 490 OF 2008 Mr. Nusli Neville Wadia ..Petitioner versus The New India Assurance Co. Ltd. & Anr. ..Respondents Mr. R. A. Dada, Senior Counsel with Mr. Percy Ghandhy, Mr. F. Karbhari, Mr. Rahul Jain and Mr. P. Sawant i/b. M/s. Crawford Bayley & Co. for the Petitioner. Mr. V. Y. Sanglikar for the Respondents. CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and S. A. BOBDE, JJ. S. A. BOBDE, JJ. S. A. BOBDE, JJ. DATE : 28TH FEBRUARY, 2008. DATE : 28TH FEBRUARY, 2008. DATE : 28TH FEBRUARY, 2008. P.C. P.C. P.C. 1. Grievance of the petitioner is that the Estate Officer, who is proceeding in the matter has no jurisdiction to entertain the matter and such an objection was taken before him, but he deferred the matter and did not decide the question of jurisdiction. 2. Learned counsel for the respondents who has filed counter, submits that the writ petition is :2: premature. According to him the question of jurisdiction has not been decided and only the Estate Officer has deferred the decision on the question of jurisdiction because there are directions from the Hon’ble Supreme Court that the matter should be decided finally within the specific period of time. 3. Learned Senior counsel for the petitioner submits that if the Estate Officer agrees with him that he has no jurisdiction then the matter would end there and if he does not agree, then the matter can still be finished within the time stipulated by the Supreme Court. But if it is found that the Estate Officer does not have jurisdiction then it will be waste of time to proceed with the case before him. 4. In this view of the matter and considering the rival contentions of the parties, we feel that the question of jurisdiction can be decided by the Estate Officer after giving hearing to the parties. The Petitioner is directed, through his counsel, to appear before the Estate Officer on Monday 3rd March, 2008 and the Estate Officer may hear them on the same day or fix any other date and decide the :3: question of jurisdiction within a period of one week from today. Parties are at liberty to file pleadings before the Estate Officer on or before Monday 3rd March, 2008. With above directions, writ petition stands disposed of. (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)