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HIGH COURT OF BOMBAY
BHARAT P. DESHPANDE, J
Goa Pollution Control Board – Appellant
Versus
Government of Goa – Respondent
| Table of Content |
|---|
| 1. defendant's application for rejection of plaint under cpc is based on bar of civil court jurisdiction. (Para 4 , 5 , 6) |
| 2. statutory provisions bar suits against authorities without jurisdiction issues. (Para 7 , 18 , 20 , 47) |
| 3. civil courts cannot grant injunctions against statutory bodies. (Para 13 , 24 , 51) |
JUDGMENT:
Heard learned Counsel Mr Joaquim Godinho for the Applicant, learned Counsel Mr J.A. Lobo for Respondent No.2, Mr Manish Salkar, learned Government Advocate, for Respondent Nos.1, 4, 5, 6 and 7 and learned Counsel Mr D. Zaveri with Mr M. Mahamal for Respondent No.8.
2. Admit. Heard finally with consent.
3. With the consent of learned Counsel for the respective parties, present revision is taken up for final disposal at the admission stage itself.
4. Applicant herein is the original Defendant No.6 in Civil Suit No. 22/2018 filed before the District Court at Panaji which was allotted to District Judge-2, Panaji sitting at Ponda.
5. The Applicant filed an application under Order 7 Rule 11 CPC as well as raised preliminary objection to the jurisdiction of the Court. The said application was resisted by the Original Plaintiff/Respondent No.8. The learned Tria
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