1 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 SUIT NO.916 OF 2002 SUIT NO.916 OF 2002 SUIT NO.916 OF 2002 Dr.P.A.Dadia & Ors. ...Plaintiffs Vs. Mahendra Dadia & Ors. ...Defendants ----- Ms.Alpana Ghone i/b. S. Satpute & Co. for Plaintiffs Mr.Sanjeev Singh i/b. Mr. Bipin Joshi for Defendants CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. DATED: 18TH JULY, 2005 DATED: 18TH JULY, 2005 DATED: 18TH JULY, 2005 P.C. P.C. P.C. 1. After the filing of this suit arbitration 1. After the filing of this suit arbitration 1. After the filing of this suit arbitration proceedings between the parties have been initiated. proceedings between the parties have been initiated. proceedings between the parties have been initiated. An Award has been passed. Hence, most of the reliefs An Award has been passed. Hence, most of the reliefs An Award has been passed. Hence, most of the reliefs claimed by the Plaintiffs have become infructuous. claimed by the Plaintiffs have become infructuous. claimed by the Plaintiffs have become infructuous. The Plaintiffs desire to press only prayer (k). The The Plaintiffs desire to press only prayer (k). The The Plaintiffs desire to press only prayer (k). The suit is therefore simplicitor, a monetary claim for suit is therefore simplicitor, a monetary claim for suit is therefore simplicitor, a monetary claim for recovery of Rs.39 lacs with interest at 12% per annum recovery of Rs.39 lacs with interest at 12% per annum recovery of Rs.39 lacs with interest at 12% per annum thereon from Defendant No.6. thereon from Defendant No.6. thereon from Defendant No.6. 2. The suit must therefore, be valued upon that 2. The suit must therefore, be valued upon that 2. The suit must therefore, be valued upon that prayer advalorum. The Plaintiff’s valuation has to be prayer advalorum. The Plaintiff’s valuation has to be prayer advalorum. The Plaintiff’s valuation has to be checked by the Office. The Plaintiffs shall pay checked by the Office. The Plaintiffs shall pay checked by the Office. The Plaintiffs shall pay further Court Fees, if the Plaintiff has not correctly further Court Fees, if the Plaintiff has not correctly further Court Fees, if the Plaintiff has not correctly valued the suit for the relief of the prayer (k). valued the suit for the relief of the prayer (k). valued the suit for the relief of the prayer (k). 3. The Plaintiff’s Advocate undertakes to pay 3. The Plaintiff’s Advocate undertakes to pay 3. The Plaintiff’s Advocate undertakes to pay further Court Fees, if any, payable within two weeks further Court Fees, if any, payable within two weeks further Court Fees, if any, payable within two weeks from today. from today. from today. 2 4. Suit to be placed on board of regular Court on 4. Suit to be placed on board of regular Court on 4. Suit to be placed on board of regular Court on 4th August, 2005 for rejection of Plaint under the 4th August, 2005 for rejection of Plaint under the 4th August, 2005 for rejection of Plaint under the provisions of Order 7 Rule 11 of the C.P.C. if the provisions of Order 7 Rule 11 of the C.P.C. if the provisions of Order 7 Rule 11 of the C.P.C. if the valuation is found to be inadequate and the Plaint is valuation is found to be inadequate and the Plaint is valuation is found to be inadequate and the Plaint is not revalued. not revalued. not revalued. (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)