As per s.9A of cpc Maharashtra amendment ,court can grant interim relief even though objection as to jurisdiction is taken
According to Section 9(A), if an objection is raised to the jurisdiction of the Court at the hearing of an application for grant of, or for vacating, interim relief, the Court should determine that issue in the first instance as a preliminary issue before granting or setting aside the relief already granted. An application raising objection to the jurisdiction to the court is directed to be heard with all expedition. Sub-rule (2), however, says that the command in sub- rule(1) does not preclude the Court from granting such interim relief as it may consider 18
necessary pending the decision on the question of jurisdiction. In our opinion, the provision merely states the obvious. It makes explicit what is implicit in law. Just because an objection to the jurisdiction is raised, the Court does not become helpless forthwith - not does it become incompetent to grant the interim relief. It can. AT the same time, it should also decide the objection to jurisdiction at the earlier possible moment. This is the general principle and this is what Section 9A reiterates.
Bombay High Court
Both Bombay, Indian Inhabitant, ... vs All Indian Inhabitants, Residing ... on 17 November, 2009
Bench: P. B. Majmudar, R. C. Chavan
