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2014 Supreme(Bom) 732

R.D.DHANUKA
Rajiv K. Mehta – Appellant
Versus
Rekha H. Sheth – Respondent


Advocates Appeared:
For the Plaintiff:Anil Anturkar, Senior Advocate along with Atul Damle, Firoz Bharucha, Advocates.
For the Defendants:D1, Janak Dwarkadas, Senior Advocate, a/w. Snehal Shah, Jyoti Shah, Jesal Shah, i/b. Daru Shah & Co., D11, D13, D14 & D17, S.U. Kamdar, Senior Advocate, a/w. Prateek Sakseria, Nirav Shah, i/b. Little & Co., D15 & D16, Pradeep Sancheti, Senior Advocate, a/w. Sanjay Jain, Akshita Mehta, i/b. Kishore Thakordas & Co., D19, Nasir Ali Rizvi, i/b. Thakore Jariwala, D12, Diniar Madon, Senior Advocate, a/w, Sanjay Udeshi , Mahesh Londhe i/b. Sanjay Udeshi & Co., D20 & D21, D. Singh, i/b. Law Fin & Associates, Advocates.

JUDGMENT

1. By consent of parties, both these notice of motions were heard together and are being disposed of by a common order.

2. Notice of Motion No.368 of 2011 is filed by defendant no.1 inter alia praying for rejection of plaint in suit No.2521 of 2008 under the provisions of Order VII Rule 11 of Code of Civil Procedure, 1908 and also under the provisions of Order XXIII or any other applicable provisions of the Code of Civil Procedure, 1908. Defendant no.1 also seeks rejection of the plaint and/or for striking off the unnecessary and/or scandalous and/or frivolous and vexatious and seeks other reliefs. Notice of Motion No.3050 of 2008 is filed by defendant no.13 inter alia praying for dismissal of the present suit on various grounds. Some of the relevant facts which emerged from the plaint and affidavits filed by the parties are summarized as under:-

3. The plaintiff claims to be a trustee of Lilavati Kantilal Mehta Medical Trust (hereinafter referred to as the 'said Trust'). According to plaintiff, defendant nos. 2 to 7 are the purported trustees of the said trust. Defendant nos. 8 and 9 are alleged to be the companies of defendant no.10 and are alleged to be the recipients of













































































































































































































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