Gujarat High Court High Court

=========================================Appearance vs The on 8 February, 2010

Gujarat High Court
=========================================Appearance vs The on 8 February, 2010
Author: Bhagwati Prasad,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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AO/25/2010	 2/ 2	ORDER 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

APPEAL
FROM ORDER No. 25 of 2010
 

 


 

 


 

=========================================
 

DHIRENDRA
KHUSHALDAS AGAJA AND ANOTHER 

 

Versus
 

NAVNEETBHAI
HIRABHAI RATHOD AND ANOTHER 

 

=========================================Appearance
: 
MR MEHUL S SHAH
for the
Appellants 
 
=========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE BHAGWATI PRASAD
		
	

 

 
 


 

Date
: 08/02/2010 

 

ORAL
ORDER

The
learned counsel for the appellants, in this appeal, raises a
question that the City Civil Court has no jurisdiction to entertain
suits under the Bombay Rents, Hotel & Lodging House Rates
(Control) Act, 1947. There is specific bar under Section 28 of the
said Act about the jurisdiction of the City Civil Court and the suit
was required to be filed in Small Causes Court. This objection was
not raised by the appellant before the Trial Court when the
injunction application was argued.

In
the above view of the matter, the learned counsel for the appellants
is permitted to raise this objection before the Trial Court because
the objection goes to the root of the matter and relates to the very
foundation of the suit before the Court which has issued injunction.

The
present Appeal from Order is kept pending and the Trial Court
concerned is directed to entertain the application of the appellants
and decide the same after affording opportunity to the respondents.

Put
up after two weeks.

In
the meanwhile, the application of the appellant may be decided by the
concerned Trial Court.

(BHAGWATI
PRASAD, J.)

omkar

   

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