RAJIV K. MEHTA Vs. REKHA H. SHETH

JUDGEMENT

(1.) By consent of parties, both these notice of motions were heard together and are being disposed of by a common order.

(2.) Notice of Motion No. 368 of 2011 is filed by defendant no.1 inter alia praying for rejection of plaint in suit No. 2521 of 2008 under the provisions of Order VII Rule 11 of Code of Civil Procedure, 1908 and also under the provisions of Order XXIII or any other applicable provisions of the Code of Civil Procedure, 1908. Defendant no.1 also seeks rejection of the plaint and/or for striking off the unnecessary and/or scandalous and/or frivolous and vexatious and seeks other reliefs. Notice of Motion No. 3050 of 2008 is filed by defendant no.13 inter alia praying for dismissal of the present suit on various grounds. Some of the relevant facts which emerged from the plaint and affidavits filed by the parties are summarized as under :-

(3.) The plaintiff claims to be a trustee of Lilavati Kantilal Mehta Medical Trust (hereinafter referred to as the 'said Trust'). According to plaintiff, defendant nos. 2 to 7 are the purported trustees of the said trust. Defendant nos. 8 and 9 are alleged to be the companies of defendant no.10 and are alleged to be the recipients of crores of rupees from the said trust. Defendant no.11 is a company alleged to have been formed by defendant nos. 12 and 13 at the instance of defendant no.7. Defendant nos. 12 and 13 are the promoter directors of defendant no.11. Defendants nos. 14 and 15 are the additional directors of defendant no.11. Defendant nos. 15 and 16 are practicing advocates and are husband and wife. It is case of the plaintiff that defendant nos. 19 to 22 are supporting the plaintiff. According to th plaintiff defendants nos. 19 to 22 are the trustees of the said trust. Defendant nos.1, 19 and 20 are the permanent trustees of the said trust.