Razia Amirali Shroff v. Nishuvi Corporation

P.C:-

1. This appeal is directed against the order dated 20th September, 2011 passed by the learned Single Judge holding that by order dated 24 January, 2011, request for grant of ad-interim relief has already been rejected and therefore, there is no question of hearing the plaintiffs on the question of grant of ad-interim relief and that as the preliminary issue has been framed, now the Notice of Motion would be heard only after the preliminary issue is decided.

2. By our order passed in Appeal (Lodging) No. 662/2012 today, we have held that the learned Single Judge was justified in declining to make ad-interim order in favour of the plaintiffs and therefore, if the ad-interim relief was rightly declined to the plaintiffs, there is no question of the learned Single Judge hearing the Notice of Motion in view of the provisions of section 9-a of the cpc at any time before the preliminary issue as to the jurisdiction of the Court to entertain the suit is decided.

3. Hence, the appeal is dismissed.