IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2992 of 2008. NOTICE OF MOTION NO.2992 of 2008. NOTICE OF MOTION NO.2992 of 2008. IN IN IN SUIT NO.240 of 1992. SUIT NO.240 of 1992. SUIT NO.240 of 1992. Ashwin A. Bhuva ..Plaintiff versus Mrs. Surjit Kaur Bhatty ..Defendant Mr.R.M.Tiwari for the Plaintiff Ms.Mamta Sadh for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 15th Sept., 2008. DATED : 15th Sept., 2008. DATED : 15th Sept., 2008. P.C. ISSUES 1. Whether plaintiff proves that the suit is filed within limitation? 2. Whether defendant proves that the transaction in the suit is hit by the provisions of Bombay Money Lenders Act and thus suit deserves to be dismissed? 3. Whether defendant proves that the document titled as agreement for sale dated 10.8.1987 is inadequately stamped, if yes, what is the effect? -2- 4. Whether plaintiff proves that the amounts paid by the plaintiff to the defendant from time to time were under the terms of the agreement of sale dated 10.8.1987? 5. Whether defendant proves that the amounts advanced by the plaintiff to her was secured financial transaction of loan advanced by the plaintiff to the husband of the defendant? 6. Whether the plaintiff is entitled to claim specific performance of the agreement dated 10.8.87? 7. Whether plaintiff proves that he was and is willing to perform his part of agreement i.e. payment of balance consideration of Rs.10,40,000? 8. Whether the defendant proves that the agreement dated 10.8.1987 is colorable and sham agreement and was executed merely as security for repayment of loan and was not intended to be acted upon? 9. Whether the defendant proves that letter -3- dated 30.11.1987 Exhibit "C" to the plaint and letter dated 12.12.1997 Exhibit "D" to the plaint are forged and got up documents. And if yes, what consequences? 10. What Order? (R.Y.Ganoo, J.)