1 nms.6.11.doc ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.6 OF 2011 IN SUIT NO.1871 OF 2005 R.W.Sawant .. Plaintiff versus Bombay Wire Ropes Ltd and anr ..Defendants Dr.Birendra Saraf i/by Yatin R.Shah,for the plailntiff Mr.Cyrus Ardeshir i/by Desai Desai Carrimjee and Mulla, for the defendant no.1. Mr.Narayan Sahu i/by M/s.Fed.and Rashmikant , for defendant no.2. CORAM: S.J.KATHAWALLA, J. DATED: MARCH 9, 2011 P.C. The hearing of suit is expedited. In view thereof no orders are passed in the Notice of Motion and the Notice of Motion stands disposed of. 2. By consent of the parties the following issues are framed in the Suit: 1. Whether the letter dated 9 April 2005 addressed by Plaintiff to the Defendant No.1 2 nms.6.11.doc constitutes a valid, legal and binding Agreement entered between the Plaintiff and the Defendant No.1? 2. Whether Defendant No.1 proves that no cause of action has accrued to the Plaintiff to file this Suit as alleged in para 2 of the Written Statement? 3. Whether pursuant to letter dated 9 April 2005, the execution of a detailed Agreement between Plaintiff and Defendant No.1 by 30 April 2005 is a mere formality? 4. Whether Defendant No.1 proves that the writing dated 9 April 2005 was merely an Agreement to enter into an Agreement? 5. Whether the Plaintiff proves that the letter/ agreement dated 9 April 2005 has been partly performed/ acted upon? 6. Whether the Plaintiff proves that the Plaintiff has performed his obligations under the said letter/ agreement dated 9 April 2005? 3 nms.6.11.doc 7. Whether the Plaintiff proves that the Plaintiff was ready and willing to perform his obligations under the alleged Agreement dated 9 April 2005? 8. Whether the Plaintiff proves that Defendant No. 1 has breached the terms arrived at with the Plaintiff under the said letter/agreement dated 9 April 2005? 9. Whether the Defendant No.1 proves that termination of the agreement by Defendant No. 1’s letter dated 10 June 2005 is valid? 10.Whether Defendant No.1 proves that the prayer for specific performance is at variance with the purported Agreement arrived at between Plaintiff and Defendant No.1 as alleged in para 5 of the Written Statement? 11.Whether the Plaintiff is entitled for specific performance in respect of the entire and/or a part of the land described at Exhibit A to the Plaint? 4 nms.6.11.doc 12.Whether, in the alternative, the Plaintiff is entitled to damages as prayed for in prayer clause (e) to the Plaint? 13.What order? 3. The plaintiff as well as the defendants shall file their affidavit of documents alongwith compilation of original documents within a period of two weeks from today. S.O. To 24th March for Directions. ( S.J.KATHAWALLA, J )