Jyoti Mehta And Ors vs Kishore Janani And Ors
2017 Latest Caselaw 6253 Bom

osk

                   IN THE SPECIAL COURT AT BOMBAY
               Constituted under the Special Court [Trial of Offences Relating to
                             Transactions in Securities] Act, 1992
                       MISCELLANEOUS APPLICATION NO.86 OF 2014

      Smt. Jyoti H. Mehta and Ors                     .... Applicants
         V/s.
      Kishor J. Janani and Ors.                       .... Respondents



               Mr. Ashwin Mehta, C.A., Applicant No.2-in-person for Applicants.
               Mr. Surin Usgaonkar for Respondent No.1.
               Mr. Vivek Sawant for Respondent No.2.
               Mr. Nirav Parmar i/b K. Ashar and Co. for Respondent No.3.
               Mr. Hormaz Daruwalla a/w Ms. Shilpa Bhate i/b Leena Adhavryu &
                Associates for Custodian Respondent No.4.
               Mr. Kingshuk Banerjee a/w Ms. Radhika Gupta i/b Wadia Ghandy &
                Co. for Respondent No.5



                               CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

[ SPECIAL COURT] DATE : 16TH AUGUST, 2017.

P.C. :

1. Heard the Applicant No.2, who is appearing in person for

himself and as a C.A. and Advocate for Applicant Nos.1 and 3, and

learned counsel for Respondent Nos.1 to 5.

2. In view of the order dated 13th January, 2017, it is submitted

by the Applicant No.2-in-person and the learned counsel for Respondents

SPMA-86-14.doc

that, it is necessary to hear the issue relating to the limitation as

preliminary issue under Section 9-A of the Civil Procedure Code (CPC), in

the light of the Regulation-2 framed under the Special Courts Act, which

confers the power on this Court to decide the applications under Section

9-A of the CPC.

3. In view thereof, the following preliminary issue is framed;

. "Whether this application is barred by limitation ?"

4. The Applicant No.2-in-person and learned counsel for

Respondent Nos.1 to 5 submitted that, at this stage, they do not want to

lead evidence on this issue of limitation. Hence, parties are at liberty to

advance oral submissions on this issue.

[DR. SHALINI PHANSALKAR-JOSHI, J.]

SPMA-86-14.doc