LAWS(BOM)-2014-4-157

SPECIAL RECOVERY OFFICER Vs. SUHAS BALKRISHNA SHETE

Decided On April 15, 2014
Special Recovery Officer/Sales Officer Dr. Annasaheb Chougule Urban Co -operative Bank Ltd. Appellant
V/S
Suhas Balkrishna Shete and Ors. Respondents

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel appearing for the parties, except the Respondent Nos. 21 and 22, made returnable forthwith and heard. The Respondent Nos. 21 and 22 are formal parties.

(2.) The Writ Jurisdiction of this Court under Article 226 and 227 of the Constitution of India is invoked against the order dated 13th December, 2011 passed by the learned Civil Judge, Junior Division, Kankavali, by which order, the application Exhibit41, filed by the Petitioner, the original Defendant No1, for framing of a preliminary issue as regards the jurisdiction of the Civil Court, came to be rejected.

(3.) The facts giving rise to the filing of the above Petition can, in brief, be stated thus: