(A.K. Sikri and N.V. Ramana, JJ.)
New Era Fabrics Ltd. ______________________________ Petitioner;
v.
Bhanumati Keshrichand Jhaveri and Others __________ Respondent(s).
(For directions and office report)
I.A. No. 4/2016 In Petition(s) for Special Leave to Appeal (C) No. 10337/2013, decided on July 22, 2016
The Order of the court was delivered by
Order
1. Having regard to orders dated 21.02.2011 passed by this Court in Bhanumati Kesarichand Jhaveri v. New Era Fabrics Ltd.1, we are clear that the direction to the Trial Court was to decide the suit itself within a period of one year from the date of communication of the said order. The Trial Court was, therefore, wrong in treating that order to mean that only preliminary issue was I.A. No. 4/2016 in SLP (C) No. 10337/2013 to be decided. We, therefore, direct the Trial Court to decide the suit within a period of six months from the date of communication of this order.
2. We are informed that insofar as the preliminary issue is concerned, the Trial Court has decided the same in favour of the applicant herein holding that it has the jurisdiction to entertain the suit. Against those findings, the petitioner herein has filed Civil Revision No. 112 of 2014 that is pending before the Appellate Bench of the Small Causes Court. We expect the said Court also to decide the said Revision Petition expeditiously and, in any case, within six months. Both the parties shall cooperate and would not take unnecessary adjournment in the said Revision Petition.
3. We make it clear that the Trial Court shall go ahead with the proceedings and shall not await the outcome of the Civil Revision that is pending.
4. The Interlocutory Application stands disposed of.
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1 SLP (C) CC No. 2283 of 2011, order dated 21-2-2011 (SC)
