LAWS(BOM)-2016-12-37

HEENA NIKHIL DHARIA Vs. KOKILABEN KIRTIKUMAR NAYAK

Decided On December 09, 2016
Heena Nikhil Dharia Appellant
V/S
Kokilaben Kirtikumar Nayak Respondents

JUDGEMENT

(1.) This is an application for ad-interim reliefs. I have heard Mr. Sanjay Jain for the Plaintiff and Mr. Rishabh Shah for Defendants Nos. 1 to 3 at some length.

(2.) Mr. Shah takes a preliminary objection to the jurisdiction on the basis of limitation. I have framed this issue below. While both sides agree before me to proceed with the hearing of the preliminary issue without leading evidence, I have since found that it would neither be possible nor even appropriate to do so. The reason is because a substantially similar issue is even now pending final disposal before a Full Bench of this Court.

(3.) Both Mr. Jain and Mr. Shah placed before me certain authorities. I will proceed to set out their respective contentions and to trace, to the extent that I am able, the judicial history of the matter. I do so only for completeness. I have expressed no view on this.