LAWS(SC)-2014-9-135

B.E. SIMOES VON STARABURG NIEDENTHAL Vs. CHHATTISGARH INVESTMENT LTD.

Decided On September 16, 2014
B.E. Simoes Von Staraburg Niedenthal Appellant
V/S
Chhattisgarh Investment Ltd. Respondents

JUDGEMENT

(1.) S.L.P. (Civil) No. 7589 of 2011

(2.) The District Judge, Raipur elaborately noted the arguments of the parties, but curiously first observed that it would be possible to decide the issue of jurisdiction only when SIMOES filed reply to the petition Under Section 9 of the 1996 Act and then dismissed the application whereby SIMOES raised the objection of lack of jurisdiction.

(3.) Aggrieved by the order dated 06.10.2010 passed by the District Judge, Raipur, SIMOES preferred appeal before the Chhattisgarh High Court. The High Court did not interfere with the order of the District Judge, Raipur and observed that the question of jurisdiction could only be decided by the District Judge after the reply was filed to the application Under Section 9 of the 1996 Act. The High Court observed that the District Judge shall decide the application Under Section 9 and so also the objection regarding territorial jurisdiction afresh within thirty days from the date of the filing of reply and after hearing the parties.