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2016 Supreme(Bom) 493

NARESH H.PATIL, G.S.KULKARNI
Gopal Shrinivasan – Appellant
Versus
National Spot Exchange Limited – Respondent


Advocates Appeared:
For the Appellant : Mr. Iqbal Chagla, Senior Counsel, Mr. Himanshu Kane, Mr. Manvendra Kane, Mr. Rahul Kadam, Ms. Niyati Jambaulikar, M/s. W.S. Kane & Co.
For the Respondent: Dr. Birendra Saraf, Mr. Chirag Kamdar, Mr. Abhishek Kale, Mr. Asadulla Thangal, M/s. Naik Naik and Co.

JUDGMENT :

G.S. KULKARNI, J.

1. These appeals arise from a common order dated 23 September 2015 passed by the learned Single Judge rejecting the Notice of Motions taken out by the Appellants (Defendant Nos. 14 and 15 in the suit), under Order 7 Rule 11 read with Order 1 Rule 10(2) of the Code of Civil Procedure, seeking rejection of the plaint, qua the appellants for want of a cause of action. Respondent No. 1 is the original plaintiff.

2. To appreciate the case of the appellants it would be necessary to consider the plaintiffs/ Respondent No. 1 case as contained in the plaint. For the sake of convenience, in considering the plaint, we refer to the parties as arrayed in the plaint.

Plaintiff's case in the plaint:

3. The Plaintiff's suit is inter alia for the recovery of the amount aggregating to Rs. 680,239,7,706.55 to be jointly and/or severally ordered and decreed to be paid by defendant Nos. 1 to 16 alongwith interest at 18% p.a. as per particulars of claim annexed as Exhibit ‘U’ to the plaint and for a further relief that defendant No. 20 be ordered and decreed to pay to the plaintiff a sum of Rs. 29.20 crores along with interest at 18% p.a. from the due date of payment and/or re













































































































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