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2019 Supreme(Bom) 1646

B.P.COLABAWALLA
Sanjay Mishrimal Panamiya – Appellant
Versus
Sanjay Mishrimal Punamiya – Respondent


Advocates Appeared:
Haresh Jagtiani, Adv., Yashpal Jain, Adv., Suprabh Jain, Adv., Nikhil Ghate, Adv., Dhruti Chheda, Adv., Siddhesh S. Bhole, Adv., Rohit Kapadia, Adv., Raj Patel, Adv., Pranav Desai, Adv., Ashish Kamat, Adv., R.K. Mishra, Adv., Arif Bookwala, Adv., Ruchir Tolat, Adv.

JUDGMENT :

B. P. Colabawalla, J.

Notice of Motion No. 528 of 2015 has been filed by defendant No.1 seeking the following reliefs:-

    (a) That without prejudice to the rights and contentions of Defendant No.1 that the Plaint was not filed as per law and rules of procedure and is not a legally instituted Plaint, this Hon'ble Court be pleased to direct the Plaintiff to prove to the satisfaction of the Court that Firas El-Kurdi the person who has verified the Plaint and filed an Affidavit in support of the Plaint is acquainted with the facts of the case in terms of Order VI Rule 15 of the Code of Civil Procedure, 1908.

2. Notice of Motion No. 534 of 2015 has been filed by defendant No.3 seeking the following reliefs :-

    (a) That this Hon'ble Court be pleased to dismiss the suit as filed by the Plaintiff.

(b) That in the alternative to Prayer Clause a above, this Hon'ble Court be pleased to reject the Plaint as filed by the Plaintiff under Order VI Rule 14 or under Order VII Rule 11 and/or under Section 151 of the Code of Civil Procedure, 1908.

3. Since both these Notice of Motions were heard together and common arguments are advanced on behalf of defendant Nos.1, 2 and 3, both the above Notice

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