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2019 Supreme(Bom) 763

R.D.DHANUKA
SHETTY ASSOCIATES PVT LTD – Appellant
Versus
SAMTA BUILDERS PRIVATE LIMITED – Respondent


Advocates:
Advocate Appeared:
D.D. Madon, Adv., Dhawani Bokaria, Adv., Manish Parekh, Adv., Purnanand & Co, Adv., Janak Dwarkadas, Adv., J.P. Sen, Adv., Sharan Jagtiani, Adv., Deepti Panda, Adv., Tejas Shha, Adv., Narayanan & Narayanan, Adv., Birendra Saraf, Adv., Rajeev Carvalho, Adv., Chetan Raithatha, Adv.

JUDGMENT :

R.D. DHANUKA, J.

1. By this notice of motion, the applicant (original plaintiff) seeks various interim reliefs against the defendants. The defendants had raised an issue under Section 9A of the Code of Civil Procedure, 1908 in the affidavit-in-reply filed in this notice of motion and also in the written statement filed by the defendants. In view of the said issue raised by the defendants, this Court by an order dated 23rd August 2010 framed a preliminary issue of limitation under Section 9A of the Code of Civil Procedure, 1908. The plaintiff entered the witness box on the issue of limitation. The defendants did not lead any oral evidence. Some of the relevant facts for the purpose of deciding the issue of limitation framed under Section 9A of the Code of Civil Procedure, 1908 are set out hereinunder:-

2. On 27th October 1993, the trustees of Nathulalji Charity Trust entered into an Agreement of Lease in respect of the suit property admeasuring 17960.49 sq.mtrs. or thereabout in favour of the plaintiff and the defendant no.1 for a period of 3 years and put them in joint possession. (Hereinafter referred to as the 'said Trust'). The said agreement of lease was extended for a

































































































































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