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2015 Supreme(Bom) 1724

S.J.KATHAWALLA
National Spot Exchange Limited – Appellant
Versus
P. D. Agro Processors Private Limited – Respondent


Advocate Appeared:
Dr. B.B. Saraf, Mr. Chirag Kamdar, Mr. Abhishek Kale, Mr. Amit Naik, Ms. Anuja Jhunjunuwala, instructed by M/s. Naik Naik and Co. for the Plaintiff.
Mr. Rohit Kapadia, Dr. V.V. Tulzapurkar Senior Advocates, Mr. H.W. Kane, Mr. M.H. Kane, Mr. Rahul Kadam, M/s. W.S. Kane, Mr. Arun Siwach, Mr. Jay Sanklecha, M/s. Amarchand, Mangaldas & S.A. Shroff and Co. for the Defendant.

JUDGMENT

S.J. KATHAWALLA, J.

1. Notice of Motion No. 765 of 2014 is filed by the Applicant - Mr. Sankaran Balasubramanian, original Defendant No. 15 in Suit No. 781 of 2014 and Notice of Motion No. 1388 of 2014 is filed by Gopal Srinivasan, Original Defendant No. 14 in Suit No. 781 of 2014.

2. Notice of Motion No. 765 of 2014 is filed by the Applicant - Mr. Sankaran Balasubramanian, original Defendant No. 15 in Suit No. 781 of 2014 and Notice of Motion No. 1388 of 2014 is filed by Gopal Srinivasan, Original Defendant No. 14 in Suit No. 781 of 2014. Both the above Notices of Motion are filed by the above named Applicants who are party Defendant Nos. 14 and 15 to the captioned Suit, under Order 7 Rule 11 and Order 1 Rule 10 of the Code of Civil Procedure, 1908 (“CPC”) for rejection of the Plaint qua them and / or deleting their names from the cause title.

3. Both the above Notices of Motion have been heard together. Mr. R.A. Kapadia, Senior Advocate, has advanced submissions on behalf of the Applicant - Defendant No. 14 and Dr. V.V. Tulzapurkar, Senior Advocate, has advanced submissions on behalf of the Applicant - Defendant No. 15. The submissions advanced by both the Learned Senior























































































































































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