Bombay High Court
Tarinibahen Desai And Anr vs Kilkilraj Bhansali 6 Ors on 30 November, 2018
Author: K.R.Shriram
Bench: K.R.Shriram
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.7 OF 2017
Tarinibahen Desai & Anr. )....Plaintiffs
V/s.
Kilkilraj Bhansali & Ors. )....Defendants
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Mr.Vinamra Kopariha I/by Swaraj Jadhav for plaintiffs. Mr.Sameer Singh I/by Rohan Mathur I/by ALMT Legal for defendant nos.1, 2, 3, 4, 6 & 7.
Mr.Nilesh S.Parte for defendant no.5.
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CORAM : K.R.SHRIRAM,J DATE : 30.11.2018 P.C.:-
1. Heard parties. The following issues are framed.
ISSUES
1) Whether plaintiffs prove that the present suit has been filed within the period of limitation ?
2) Whether defendants prove that there is any mis-joinder or non-jonder of parties ?
3) Whether plaintiffs prove that the Notice calling for Annual General Meeting of Shyam Cooperative Housing Society dated 21.08.2015 along with its Explanatory Note, the letter dated 3.09.2015, Note circulated by Defendant No.6 on 10.09.2015 and the conduct of Defendants in the KJ ::: Uploaded on - 03/12/2018 ::: Downloaded on - 30/12/2018 11:55:38 ::: 2/4 910.suit7.17.doc Annual General Meeting of the Society held on 13.09.2015, including the resolution expelling plaintiffs from the Shyam Niwas Housing Society constituted mental harrasment/distress to plaintiffs ?
4) Whether Plaintiffs prove that the Notice calling for Annual General Meeting of Shyam Cooperative Housing Society dated 21.08.2015 along with its Explanatory Note, the letter dated 3.09.2015, Note circulated by Defendant no.6 on 10.09.2015 and the statements made by Defendants in the Annual General Meeting of the Society held on 13.09.2015 were defamatory towards plaintiffs ?
5) Whether Plaintiffs prove that they have suffered defamation and/or humiliation and/or mental distress/harassment due to Defendants ?
6) Whether Plaintiffs prove that Defendants are jointly and severally liable for each of the instances of defamation and mental harassment and distress ?
7) Whether Defendants prove that Plaintiffs have not disclosed all material facts and correspondence, including that they have not paid all installments that were due and payable by them towards the major repair works in the KJ ::: Uploaded on - 03/12/2018 ::: Downloaded on - 30/12/2018 11:55:38 ::: 3/4 910.suit7.17.doc Society ?
8) Whether Defendants prove that there was justification of the amount of expenses allocated for repairs and any increase thereof ?
9) Whether Defendants prove that Plaintiffs did not raise issues with respect to the costs and expenses towards repair works from the very inception of the repairs and that the increase in cost of repair works was caused due to Plaintiffs' dilatory tactic of them making frivolous complaints against the Society ?
10) Whether Plaintiffs prove that all the meetings were conducted at short notices and that Plaintiffs were not invited for some of the meetings ?
11) Whether Plaintiffs prove that they are entitled to an order and decree against each of the Defendants to jointly and/or severally to pay Plaintiffs, a sum of Rs.20 crores as damages together with interest thereon @ 12% p.a. from the date of filing the Suit until payment/realization ?
12) What decree ? What order ?
KJ
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2. Parties are further directed as under :-
(a) Affidavit of documents to be filed by each of the parties and served a copy thereof on the other side on or before 15.12.2018 ;
(b) Inspection to be given and statement of admission and denial to be exchanged with reasons for denial by 22.12.2018 ;
(c) Plaintiffs to file list of witnesses, affidavit in lieu of examination in chief together with compilation of documents and serve a copy thereof upon defendants by 18.1.2019.
3 It is made clear that if affidavits of documents are not filed and inspection given, parties will not be permitted to rely upon any documents, copies whereof are not annexed to the plaint and/or written statement or mentioned in the list of documents annexed to the plaint/written statement. This, however, shall not prevent a party from confronting the witness of the other party with any document If statements of admission and denial are not given within the time prescribed, parties shall be deemed to have admitted the existence of all the documents relied upon by the other side. 4 Stand over to 23.1.2019 for marking of documents/recording of evidence at which time plaintiff's 1st witness shall remain present in court.
(K.R.SHRIRAM,J) KJ ::: Uploaded on - 03/12/2018 ::: Downloaded on - 30/12/2018 11:55:38 :::