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MST

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO.171 OF 1990

Vijaya Bank Plaintiff

versus

M/s.J.K.Badani and others Defendants

Mr.K.S.Sheth for plaintiff.

Mr.Purohit for defendant.

Mr.Ashit P. Badani for defendant no.8.

Mrs.Ullas P. Badani, D-6 in person.

CORAM : A.M.KHANWILKAR, J.

DATE : 03rd September 2007

PC :

1. Defendant no.6 appears in person and states

that they would like to engage another advocate.

It will be open to the said defendants to engage

another advocate of their choice and also to

apply for recasting of any particular issue or

for framing of any additional issues, if

required. That request will be considered on its

own merits.

2. The plaintiffs advocate has tendered draft

issues. Same are taken on record marked "X" for

identification. Issues are settled and framed as

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MST

follows :-

"(i) Whether the plaintiff prove that the

plaintiff are entitled for a decree

against the defendants in the sum of

Rs.2,50,387.63 Ps. with further interest

thereon @ 18.5% p.a. from the date of

filing of the suit till payment?

(ii) Whether the defendant nos.6 and 8

prove that the said defendant nos.6 and 8

retired as partners of defendant no.1

firm with effect from 4.9.1987 pursuant

to Deed of Dissolution dated 4.9.1987?

(iii) Whether the defendant nos.3 and 4

and defendant nos.7 and 9 prove that the

said defendant nos.3 and 4 and defendant

nos.7 and 9 retired as partners of

defendant no.1 firm w.e.f. 1.7.1983 and

30.6.1987 respectively?

(iv) Whether the defendant no.5 proves

that the said defendant no.5 retired as

partner of defendant no.1 firm with

effect from 30.6.1982 pursuant to Deed of

Retirement dated 30.6.1982?

(v) Whether the defendants prove that the

claim of the plaintiff is time barred?

(vi) What order?"

3. As issues are framed, the matter shall now

proceed for recording of evidence. The plaintiff

shall file affidavit of evidence and documents on

or before 02nd November 2007. Place this matter

on 19th November 2007 under caption "for filing

affidavit of evidence and documents".

(A.M.KHANWILKAR, J.)