LAWS(GJH)-2014-9-33

HOTEL SURYA PALACE Vs. JINDAL HOTEL LIMITED

Decided On September 11, 2014
Hotel Surya Palace Appellant
V/S
Jindal Hotel Limited Respondents

JUDGEMENT

(1.) RULE . Learned advocate Mr. Kamal Upadhyay for learned advocate Dr. Rajesh H. Acharya waives service of rule for the opponent.

(2.) HEARD learned advocate Mrs. Sangeeta N. Pahwa appearing for M/s. Thakkar Associates for the applicant and learned advocate Dr. Rajesh H. Acharya for the opponent.

(3.) WHEREAS Civil Application No. 12620 of 2013 in Appeal from Order -Stamp Number No. 433 of 2013 is preferred to condone the delay of 92 days in filing an appeal against order below application Exh. 9 whereby application of the defendant -appellant regarding jurisdiction of the Civil Court has been dismissed by order dated 24.04.2013. Since both the Civil Applications are arising, though against different orders but between the same parties and from the same suit and since the grounds for delay are inter connected inasmuch as the main ground is to the effect that for challenging the order below application Exh. 7 and to challenge the jurisdiction of the trial Court to pass such an order below application Exh. 9 is also required to be challenged, therefore, present Civil Applications are taken up together and decided by this common judgment and order.