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Indo-German Chamber Of Commerce vs United India Insurance Company Ltd. And ... on 20 June, 2019 cites

Suhas H Pophale vs Oriental Ins.Co.Ltd.& Anr on 11 February, 2014

The Hon'ble Supreme Court in the referring order has clearly mentioned that the judgment in case of Pophale's case is contrary to decision of the Constitution Bench rendered in the case of Ashoka Marketing (supra). This court has held that the learned Estate Officer has not refused to decide the issue of jurisdiction but has only postponed the said issue to be decided along with the other issues.
Supreme Court of India Cites 57 - Cited by 302 - Full Document

Dr. Preeti Bhatt vs Central Bank Of India on 20 July, 2017

5. This court by an order dated 4th June, 2019 in Writ Petition (L) No.1210 of 2019 in case of American Bureau of Shopping vs. The New India Assurance Company Ltd. & Anr. after considering the judgment of Hon'ble Supreme Court in case of Suhas H.Pophale vs. Oriental Insurance Company Limited & Its Estate Officer, reported in (2014) 4 SCC 657, the judgment of Division Bench of this court in case of Dr.Preeti Bhatt vs. Central Bank of India, reported in 2017(6) Mh.L.J.330, order dated 4th December, 2017 in case of Muncherji Nusserwanji Cama & Anr. vs. The Board of Trustees of the Mumbai & Ors., judgment of the Hon'ble Supreme Court in case of Ashoka Marketing vs. Punjab National Bank, 1990 (4) SCC 406, judgment of ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 10:55:03 ::: kvm 3/4 10-WP438.19 the Hon'ble Supreme Court in case of Srinivasa Rice Mills & Ors. vs. ESI Corporation reported in (2007) 1 SCC 705 and in case of Arun Kumar & Ors. vs. Union of India & Ors., reported in (2007) 1 SCC 732 has held that the issue of jurisdiction being a mixed question of fact and law and in view of the fact that the judgment of the Hon'ble Supreme Court in case of Pophale's case (supra) having been referred to larger bench has refused to interfere with the similar order of the Estate Officer.
Bombay High Court Cites 20 - Cited by 7 - A Oka - Full Document

Ashoka Marketing Ltd. And Anr. Etc. Etc vs Punjab National Bank And Ors. Etc. Etc on 7 August, 1990

The Hon'ble Supreme Court in the referring order has clearly mentioned that the judgment in case of Pophale's case is contrary to decision of the Constitution Bench rendered in the case of Ashoka Marketing (supra). This court has held that the learned Estate Officer has not refused to decide the issue of jurisdiction but has only postponed the said issue to be decided along with the other issues.
Supreme Court of India Cites 93 - Cited by 530 - S C Agrawal - Full Document

Arun Kumar And Ors. vs Union Of India (Uoi) And Ors. on 15 September, 2006

5. This court by an order dated 4th June, 2019 in Writ Petition (L) No.1210 of 2019 in case of American Bureau of Shopping vs. The New India Assurance Company Ltd. & Anr. after considering the judgment of Hon'ble Supreme Court in case of Suhas H.Pophale vs. Oriental Insurance Company Limited & Its Estate Officer, reported in (2014) 4 SCC 657, the judgment of Division Bench of this court in case of Dr.Preeti Bhatt vs. Central Bank of India, reported in 2017(6) Mh.L.J.330, order dated 4th December, 2017 in case of Muncherji Nusserwanji Cama & Anr. vs. The Board of Trustees of the Mumbai & Ors., judgment of the Hon'ble Supreme Court in case of Ashoka Marketing vs. Punjab National Bank, 1990 (4) SCC 406, judgment of ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 10:55:03 ::: kvm 3/4 10-WP438.19 the Hon'ble Supreme Court in case of Srinivasa Rice Mills & Ors. vs. ESI Corporation reported in (2007) 1 SCC 705 and in case of Arun Kumar & Ors. vs. Union of India & Ors., reported in (2007) 1 SCC 732 has held that the issue of jurisdiction being a mixed question of fact and law and in view of the fact that the judgment of the Hon'ble Supreme Court in case of Pophale's case (supra) having been referred to larger bench has refused to interfere with the similar order of the Estate Officer.
Supreme Court of India Cites 53 - Cited by 129 - C K Thakker - Full Document

American Bureau Of Shipping vs The New India Assurance Company Ltd. And ... on 4 June, 2019

5. This court by an order dated 4th June, 2019 in Writ Petition (L) No.1210 of 2019 in case of American Bureau of Shopping vs. The New India Assurance Company Ltd. & Anr. after considering the judgment of Hon'ble Supreme Court in case of Suhas H.Pophale vs. Oriental Insurance Company Limited & Its Estate Officer, reported in (2014) 4 SCC 657, the judgment of Division Bench of this court in case of Dr.Preeti Bhatt vs. Central Bank of India, reported in 2017(6) Mh.L.J.330, order dated 4th December, 2017 in case of Muncherji Nusserwanji Cama & Anr. vs. The Board of Trustees of the Mumbai & Ors., judgment of the Hon'ble Supreme Court in case of Ashoka Marketing vs. Punjab National Bank, 1990 (4) SCC 406, judgment of ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 10:55:03 ::: kvm 3/4 10-WP438.19 the Hon'ble Supreme Court in case of Srinivasa Rice Mills & Ors. vs. ESI Corporation reported in (2007) 1 SCC 705 and in case of Arun Kumar & Ors. vs. Union of India & Ors., reported in (2007) 1 SCC 732 has held that the issue of jurisdiction being a mixed question of fact and law and in view of the fact that the judgment of the Hon'ble Supreme Court in case of Pophale's case (supra) having been referred to larger bench has refused to interfere with the similar order of the Estate Officer.
Bombay High Court Cites 6 - Cited by 1 - R D Dhanuka - Full Document

Shapoorji Pallonji And Company Pvt Ltd vs The New India Assurance Co. Ltd on 18 September, 2018

and another and by Single Judge of this court by an order dated 18 th September,2018, in case of Shapoorji Pallonji and Company Pvt. Ltd. vs. The New India Assurance Co. Ltd. in Writ Petition no.1811 of 2018 rejecting the said similar contentions which are raised by the petitioner herein and dismissed the writ petition. Special Leave Petition arising out of the said order dated 18 th September,2018 passed by this court dismissed by the Hon'ble Supreme Court by order dated 10 th December,2018.
Bombay High Court Cites 1 - Cited by 2 - A K Menon - Full Document
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