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2014 Supreme(Bom) 1499

S.C.GUPTE
Satellite Developers Ltd. – Appellant
Versus
Sumermal M. Bafna – Respondent


Advocates:
Advocate Appeared
Mr. Pravin Samdani, Senior Advocate along with Mr. Simil Purohit and Mr. K.B. Moorthy, i/b. Wadia Ghandy & Co., for the Plaintiffs.
Mr. Shailesh Shah, Senior Advocate along with Mr. Akshay Kolse Patil and
Mr. Deepan Dixit, i/b. M/s. Kartikeya & Associates, for Defendant Nos. 1, 3, 5 and 8.
Mr. S.D. Mogre, for Defendant Nos. 11 to 15.

JUDGMENT

P.C. :

In this Motion, the Defendants have objected to the maintainability of the Suit on the ground of bar of limitation. There is a preliminary issue already framed by this Court concerning the bar of limitation. The parties intend to lead oral evidence on the preliminary issue. Plaintiffs have tendered their compilation of documents together with the affidavits of evidence filed by Plaintiff No.5 (P.W.1) and Umesh Merchant (P.W.2) in lieu of examination-in-chief inter alia for proving the documents.

2. Sr. Nos. 1, 2 and 3 of the list of documents are (i) original agreement dated 14 April 1989 executed between the Plaintiffs and Defendant Nos.1 to 9, (ii) original ancillary agreement dated 14 April 1989 executed between the Plaintiffs and Defendant Nos.1 to 9 and (iii) original supplemental agreement dated 20 November 1993 executed between the Plaintiffs and Defendant Nos. 1 to 9. The Plaintiffs' witness – P.W. 1 has deposed to the execution of these documents in paras 5, 6 and 11 of the affidavit in lieu of examination-in-chief . Apart from the deposition of the Plaintiffs' witness as to the execution of the documents, originals of which are tendered, it needs to be note




















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