SIDEESHWAR PETH, SOLAPUR SOCIAL URBAN COOPERATIVE BANK LTD Vs. BESKAR STEEL CORPORATION, NIGAM A MANNAN BESKAR

JUDGEMENT

(1.) The question of law that arises in this writ Petition is : Whether section 9a of the Code of Civil Procedure,1908 in relation to its application in the State of Maharashtra as introduced therein by the Code of Civil Procedure (Maharashtra Amendment) Act, 1977 (Maharashtra Act no. LXV of 1977) stands repealed by section 32 of the Code of Civil Procedure (Amendment) Act, 1999 (Central Act No. 46 of 1999) and /or by section 16 of the Code of Civil Procedure (Amendment) Act, 2002 (Central Act No. 22 of 2002. )

(2.) I have heard Mr. V. A. Thorat, Senior advocate for the petitioner. Mr. S. S. Patwardhan, advocate for the petitioner in Writ Petition No. 985 of 2006 and Mr. S. S. Dani, Advocate for the respondents in Writ Petition No. 730 of 2006 also appeared and requested to be heard as according to them the question of law which is stated in para 1 above also arises in their Writ Petitions and any decision thereon was likely to affect their petitions also. Their request to be heard was therefore granted and they were also heard on the question of law.

(3.) In suit bearing No. 1193 of 2005 filed in the co-operative Court, Solapur by the respondents 1 and 2 the petitioner made an application under section 9a of the Code of Civil Procedure for framing a preliminary issue about jurisdiction of the Court and maintainability of the dispute (suit) in the Co-operative Court in the form in which it was framed. By an order dated 7th December, 2002 the Co-operative Court rejected the application and declined to frame the preliminary issue and dismissed the petitioner's application. The revision application bearing RA no. 75 of 2003 filed by the petitioner in the Co-operative Appellate court was also dismissed by the order dated 1st september, 2004. That decision is impugned in the present petition.