Bombay High Court
Harish Devidas Thawani vs Iifl Holdings Ltd. And 18 Ors on 28 November, 2018
Author: K. R. Shriram
Bench: K. R. Shriram
sr.49.coms.36.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ITS COMMERCIAL DIVISION
COMMERCIAL SUIT NO.36 OF 2017
Harish Devidas Thawani ... Plaintiff
V/s.
IIFL Holding Ltd. and ors. ... Defendants
...
Mr.Piyush Raheja a/w. Ms.Nupur Desai I/b. Markand Gandhi and
Company for plaintiff.
Ms.Nipa Ghosh i/b. Dharam and Co. for defendant nos.1, 3 to 11 , 16 to
19.
...
CORAM : K. R. SHRIRAM, J.
DATE : 28th NOVEMBER, 2018. P.C. : 1. Heard both sides.
2. The following issues arise in the matter :
ISSUES (1) Whether defendant nos. 1, 2, 4, 7 to 14 prove that the suit is bad for mis-joinder of parties ?
(2) Whether defendant nos.3, 5, 6 and 15 to 19 prove that defendant nos.5, 15 and 19 are no more associated with defendant no.3 and hence the suit against defendant nos. 5, 15 and 19 is not maintainable ?
(3) Whether plaintiff proves that each defendants owed fiduciary duty to plaintiff and each defendants have committed breach of such duty to plaintiff ?
(4) Whether plaintiff proves that each defendants owed any duty to plaintiff and were negligent in performing such duty ?
vina k. 1/3 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:05:49 :::sr.49.coms.36.2017.doc (5) Whether plaintiff proves that each defendants had jointly and severally played a fraud against plaintiff ?
(6) Whether plaintiff proves that defendant nos.1 to 3 were acting as single entity and are liable to be treated as single entity ?
(7) Whether plaintiff proves that he suffered loss on the transactions made on the NSEL exchange and defendants are jointly and or severally liable for such loss ?
(8) Whether plaintiff is entitled to a decree jointly and /or severally against defendants in the sum of
(i) Rs.15,29,18,195/- and (ii) Rs.1,72,697/- together with interest thereon at 18% p.a. from the date of the suit until the payment / realization ?
(9) Whether plaintiff proves that plaintiff is entitled to refund of all brokerage as collected by each defendants from plaintiff together with interest thereon at 18% from the date of the suit until payment / realization.
(10) Whether plaintiff proves that due to any act or omission on the part of defendants, plaintiff suffered stress, mental agony, and hence plaintiff is entitled to a decree jointly and/or severally against defendants in the sum of Rs.1,50,00,000/- ?
(11) What decree ? What order ?
3. Further directions are passed as under :
(a) All parties to file their respective affidavit of documents and serve copy thereof on the other side on or before 12 th December, 2018, failing which, the party who has not filed, will not be permitted to rely upon any documents, apart from those copies whereof have been annexed to plaint / written statements. This would, vina k. 2/3 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:05:49 ::: sr.49.coms.36.2017.doc however, not preclude them from confronting a witness of the other party with any document.
(b) Inspection of all documents to be given and statements of admission and denial with reasons for denial to be exchanged on or before 22nd December, 2018. If inspection not given, such party will not be permitted to rely upon any document. If statement of admission and denial not given as directed, existence of document relied upon by the other will be deemed to have been admitted.
(c) On or before 19th January 2019, plaintiff shall file its list of witnesses, affidavit-in-lieu of examination-in-chief of its first witness together with compilation of documents and serve copy thereof upon defendants.
4. Stand over to 23rd January, 2019 for recording evidence/ marking of documents, on which date plaintiff's witness shall remain present in Court.
(K. R. SHRIRAM, J.) vina k. 3/3 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:05:49 :::