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.797 OF 2006 NOTICE OF MOTION NO.797 OF 2006 NOTICE OF MOTION NO.797 OF 2006 IN IN IN SUIT NO.1872 OF 1992 SUIT NO.1872 OF 1992 SUIT NO.1872 OF 1992 C.N.Thakkar & Ors. ...Plaintiffs C.N.Thakkar & Ors. ...Plaintiffs C.N.Thakkar & Ors. ...Plaintiffs Vs. Vs. Vs. Leelavati Chabildas Kapadia & Ors. ...Defendants Leelavati Chabildas Kapadia & Ors. ...Defendants Leelavati Chabildas Kapadia & Ors. ...Defendants Mr.Deepen Desai, Advocate i/b.Kanga & Co.for Plaintiff Mr.Deepen Desai, Advocate i/b.Kanga & Co.for Plaintiff Mr.Deepen Desai, Advocate i/b.Kanga & Co.for Plaintiff Mr.Abhijeet Wagh, Advocate i/b. Utangale & Co. for Mr.Abhijeet Wagh, Advocate i/b. Utangale & Co. for Mr.Abhijeet Wagh, Advocate i/b. Utangale & Co. for Defendant No.15 Defendant No.15 Defendant No.15 CORAM: SMT. ROSHAN DALVI, J. CORAM: SMT. ROSHAN DALVI, J. CORAM: SMT. ROSHAN DALVI, J. DATE : 18TH DECEMBER, 2006. DATE : 18TH DECEMBER, 2006. DATE : 18TH DECEMBER, 2006. P.C. P.C. P.C. 1. This Notice of Motion has been taken out by 1. This Notice of Motion has been taken out by 1. This Notice of Motion has been taken out by Defendant No.15 in March, 2006. No affidavit in reply is Defendant No.15 in March, 2006. No affidavit in reply is Defendant No.15 in March, 2006. No affidavit in reply is filed. The Notice of Motion is for rejection of the filed. The Notice of Motion is for rejection of the filed. The Notice of Motion is for rejection of the plaint under Order 7 Rule 11 of the CPC. It is the case plaint under Order 7 Rule 11 of the CPC. It is the case plaint under Order 7 Rule 11 of the CPC. It is the case of the Defendants that the present Plaintiffs have no of the Defendants that the present Plaintiffs have no of the Defendants that the present Plaintiffs have no privity of contract with the Defendants and the agreement privity of contract with the Defendants and the agreement privity of contract with the Defendants and the agreement was entered into by one Meghraj Maniklal Jain as the was entered into by one Meghraj Maniklal Jain as the was entered into by one Meghraj Maniklal Jain as the earlier Chief Promoter. The learned Advocate for the earlier Chief Promoter. The learned Advocate for the earlier Chief Promoter. The learned Advocate for the Defendant No.15 instructed by Uttangale & Company applies Defendant No.15 instructed by Uttangale & Company applies Defendant No.15 instructed by Uttangale & Company applies for withdrawal of the Notice of Motion. for withdrawal of the Notice of Motion. for withdrawal of the Notice of Motion. 2. Notice of Motion is allowed to be withdrawn. NOC. 2. Notice of Motion is allowed to be withdrawn. NOC. 2. Notice of Motion is allowed to be withdrawn. NOC. (SMT. ROSHAN DALVI, J.) (SMT. ROSHAN DALVI, J.) (SMT. ROSHAN DALVI, J.)