LAWS(BOM)-2018-4-95

SHREYAS ALIAS ASHOK NARAYAN Vs. CVK & ASSOCIATES

Decided On April 20, 2018
Shreyas Alias Ashok Narayan Appellant
V/S
Cvk And Associates Respondents

JUDGEMENT

(1.) A. PARTIES AND THEIR LITIGATIONS

(2.) Since there are cross-applications and cross-suits, this is how the parties are arrayed before me. One CVK & Associates, a partnership firm of Chartered Accountants ("CVK"), is the sole Plaintiff in Suit No. 1686 of 2006, filed for specific performance and decreed by consent. The 1st Defendant to that suit is one Shreyas alias Ashok Narayan Pathare ("Pathare"). The 2nd Defendant to CVK's 2006 suit is Pathare's sister, and the 3rd Defendant is her husband ("the Shastris"). In its suit, CVK has filed Execution Application (L) No. 141 of 2008. It has filed two Chamber Summonses in that Execution Application. The Sub-Registrar of Assurances ("Sub-Registrar") is the Respondent to CVK's Chamber Summons No. 524 of 2010. The Municipal Corporation of Greater Mumbai ("MCGM") is a Respondent to CVK's Execution Application and its Chamber Summons No. 613 of 2015. Pathare has filed Suit No. 880 of 2010, to which CVK is the sole Defendant. In that suit, CVK has filed Notice of Motion 3734 of 2011 under Order 7, Rule 11 of the Code of Civil Procedure, 1908 ("CPC") seeking a rejection of the plaint. In the course of the narrative that follows, there are references to other proceedings, including suits, contempt petitions, writ petitions, appeals and so on. These two suits, and the three applications in them, are the ones before me. I will refer to them in this order as follows:

(3.) In this order, I propose to dispose of only CVK O7R11 Motion. I have taken up CVK's 2010 Chamber Summons and CVK's 2015 Chamber Summons only to pass certain further directions regarding affidavits in each. Neither of those Chamber Summonses are disposed by this order.