1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.1027 OF 2009 IN SUIT NO.1455 OF 2004 Mahendra J. Vora and others ..Plaintiffs. Vs. Aditya Enterprises and others ..Defendants. .... Mr. Snehal Shah with Mr. Y.R. Shah for the Plaintiffs. Mr. Cyrus Ardeshir i/b M/s. Kanga & Co. for Defendants 1 to 3. .... CORAM : DR. D.Y. CHANDRACHUD, J. 8th September, 2009. P.C. : The Chamber Summons has been taken out for framing certain additional issues in the suit and on the counter claim. The additional issues proposed are as follows : “I. Additional issues to be framed in suit a) Whether the Plaintiffs prove that the Agreements executed by Defendant No.1 in favour of Defendant Nos.4 to 15 are void and not binding on the Plaintiffs; 2 b) Whether the Plaintiffs prove that they are entitled to mandatory orders directing Defendants 1 to 3 to remove themselves from the suit property; c) Whether the Plaintiffs prove that the Plaintiffs are entitled to damages as prayed for from Defendants 1 to 3; II. Additional issues to be framed in Counter Claim a) Whether the Defendants to the Counter Claim prove that the Counter Claim filed by Defendant No.1 to Defendant No.3 is not maintainable in view of Section 14 of the Specific Relief Act, 1963;” Counsel appearing on behalf of the First, Second and Third Defendants states that his clients have no objection to the additional issues being framed. The other Defendants have also been served and an affidavit of service is filed. No objection has been preferred. In my view, having regard to the pleadings and the nature of the controversy the additional issues as sought in the Schedule to the Chamber Summons would have to be raised. Accordingly, the aforesaid issues shall be drawn up as issue Nos.4, 5 and 6. Issue No.4 shall be recast as issue No.7. The additional issue on the counter claim shall be numbered as issue No.3 therein while existing issue No.3 shall be renumbered as issue No.4. In view of the fact that the First to Third Defendants have consented to the 3 Chamber Summons, counsel appearing on behalf of the Plaintiffs states that the allegations contained in the first sentence of paragraph 6 of the affidavit in support is not pressed. The Chamber Summons is accordingly disposed of. As recast the issues will now read as follows : 1. Whether the Plaintiffs have validly terminated the agreement dated 26th August, 2002; 2. Whether Defendant Nos.1, 2 and 3 have no right, title and interest created in the suit property under the agreement dated 26th August, 2002; 3. Whether Defendant Nos.1, 2 and 3 committed any breach of the agreement dated 26th August, 2002; 4. Whether the Plaintiffs prove that the Agreements executed by Defendant No.1 in favour of Defendant Nos.4 to 15 are void and not binding on the Plaintiffs; 5. Whether the Plaintiffs prove that they are entitled to mandatory orders directing Defendants 1 to 3 to remove themselves from the suit property; 4 6. Whether the Plaintiffs prove that the Plaintiffs are entitled to damages as prayed for from Defendants 1 to 3; 7. What relief, if any, are the Plaintiffs entitled to? ISSUES IN THE COUNTER CLAIM 1. Whether the agreement dated 26th August, 2002 is valid and subsisting and its termination is void and illegal; 2. Whether the Plaintiffs are ready and willing to perform their part of the agreement dated 26th August, 2002; 3. Whether the Defendants to the Counter Claim prove that the Counter Claim filed by Defendant No.1 to Defendant No.3 is not maintainable in view of Section 14 of the Specific Relief Act, 1963;” 4. What relief, if any, are the Plaintiffs entitled to? An affidavit of evidence and a compilation of the documents shall be filed within a period of three weeks from today. The suit shall be placed for admission and denial of documents on 13th October, 2009. *****