IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

CHAMBER SUMMONS NO. OF 2018
IN
SUIT (L) NO. 1447 OF 2018

1. Mofatraj Pukhraj Munot of Mumbai )

Indian Inhabitant having address at , 101, )

Kalpataru Synergy, Opposite Grand Hyatt, )

Vakola, Santacruz (East), Mumbai-400 051 )

and also at A-65 Bhulabhai Desai Road, )

Munot Villa, Westfield Compound, Behind )

Amarsons, Mumbai 400 026. )

2. Subhash Mangilal Kothari, of Mumbai )

Indian Inhabitant having address at 32, )

S.P. Apartments, Manav Mandir Road, )

Malabar Hill Mumbai 400 006 )

3. Deceased Mr.Sajjanraj Kothari survived )

by his legal heirs; )

3a. Madhubala Sajjanraj Kothari, an adult, )

of Mumbai, Indian Inhabitant, residing )

at 10 Rajhans, 6 Dongershi Road, )

Teenbatti, Malabar Hill, Mumbai – 400 006. )

3b. Saurabh Sajjanraj Kothari, an adult, of

Mumbai, Indian Inhabitant, residing at 10 )

Rajhans, 6 Dongershi Road, Teenbatti, )

Malabar Hill, Mumbai – 400 006. )

3c. Shilpa Jiten Patel, an adult, of Mumbai, )

Indian Inhabitant, A/7 Ishwar Niwas, )

 Sicka Nagar, V.P. Road, Mumbai – 400

004.

4. Kantilal Champalal Kothari for himself )

and as Karta of Kantilal Champalal )

Kothari HUF, of Mumbai Indian )

Inhabitant having address at 601, )

Commerce House, 140 N.Master Road, )

Fort, Mumbai 400 001.

5. Premchand Champalal Kothari for )

himself and as Karta of Premchand )

Champalal Kothari HUF of Mumbai )

Indian Inhabitant having address at 601, )

Commerce House, 140 N.Master Road, )

Fort, Mumbai 400 001.

6. Deceased Mrs.Sunita Kothari (nee Sunita )

M. Mehta survived by her legal heir; )

Manish Premchand Kothari, an adult, of )

Mumbai, Indian Inhabitant, having )

address at 601 Commerce House, 140 )

N.Master Road, Fort, Mumbai – 400 001 ) …Plaintiffs

Versus

1. Larsen & Toubro Ltd., )

A Company incorporated under the )

Companies Act and having its registered )

office at L&T House, P.O.Box 278, )

N.M.Marg, Ballard Estate, Mumbai- 400 )

001. )
2. Ramniklal Champalal Kothari for himself )

and as Karta of Ramniklal Champalal )

Kothari HUF of Mumbai Indian Inhabitant )

having address at 4, Suyojana Society, )

Between Lane no. 4&5, Koregaon Park, )

Pune-411001 and also at Kothari Realtty, )

Ganga Commerce, 2nd Floor, Lane no. 5 )

North Main Road, Koregaon Park, Pune- )

411001. )

3. Chandra Amar Munot )

Indian Inhabitant having residence at )

Kalpataru Horizon, Tower – A, Flat No. )

214, S.K. Ahire Marg, Off. Annie Besant )

Road, Worli, Mumbai. 400 018. )

4 Anuj Amar Munot )

Indian Inhabitant having residence at )

Kalpataru Horizon, Tower – A, Flat No. )

214, S.K. Ahire Marg, Off. Annie Besant )

Road, Worli, Mumbai. 400 018.

5 Ajay Amar Munot )

Indian Inhabitant having residence at )

Kalpataru Horizon, Tower – A, Flat No. )

224, S.K. Ahire Marg, Off. Annie Besant )

Road, Worli, Mumbai. 400 018. )

6 Riddhi Tushar Singhvi )

C/o. Mr. Daulatsinghji Singhvi, 15, )

Cosmo Colony, Amrapali Marg, Vaishali )

Nagar, Jaipur 302021. Also residing at AI

 Rund Tower, 47 Floors, Flat No. 4702, Near )

AI-Qasba, Al-Khan, Sharjah, United Arab )

Emirates. )

) …Defendants

LET ALL THE PARTIES CONCERNED attend before His Lordship the

Hon’ble Mr. Justice _________________ on _____ day of December 2018 at 11

am., or so soon thereafter as Counsel can be heard on an application on

behalf of the Applicant for the following reliefs:

a. This Hon’ble Court be pleased to permit the Applicant/Plaintiff above

named to amend the Plaint in the Suit (L) no. 1447 of 2018 and place on

record events and supporting documents as stated in the Schedule of

Amendments annexed to the Affidavit in Support of the Chamber

Summons.

b. for costs of this Chamber Summons.

c. Any other order as this Hon’ble Court may deem fit.

Dated this day of November 2018

THIS CHAMBER SUMMONS has been )

Taken out by VIDHII PARTNERS )

Advocates for the Applicant )

Having address at Ground Floor, )

Construction House, 5, Walchand )

Hirachand Marg, Ballard Estate, )

Mumbai-400001. )

Vidhii Partners
Advocates for the Applicant
To,

1. Larsen & Toubro

2. Ramniklal Champalal Kothari

3. Chandra Amar Munot

4. Anuj Amar Munot

5. Ajay Amar Munot

6. Riddhi Tushar Singhvi

[N.B.: Affidavit of Mr. Subhash Kothari, the Plaintiff No.2 on behalf of the

Applicants abovenamed, affirmed on ____________ will be used as affidavit

in support of this Notice of Motion.]

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. OF 2018
IN
SUIT (L) NO. 1447 OF 2018

Mofatraj Pukhraj Munot & Ors. …Applicants/

Plaintiffs

Versus

Larsen & Toubro Ltd., & Ors. … Defendants

AFFIDAVIT-IN-SUPPORT OF CHAMBER SUMMONS

I, Subhash Kothari, aged about __ yrs, an Adult Inhabitant, the Plaintiff no. 2

in the Suit abovenamed residing at 32, S. P. Apartments, Manav Mandir

Road, Mumbai – 400 006 do hereby state and submit on solemn affirmation

as under: -

1. I am filing the present Affidavit on behalf of all the Applicants in

support of the Chamber Summons seeking leave from this Hon’ble

Court to bring on record events subsequent to the filing of the Suit

and the documents supporting the said events, which is more

particularly elaborated in the Schedule annexed hereto and marked as

Exhibit – A. I say that I am duly competent to depose and file the

present Affidavit. At the outset, I repeat and reiterate the stand taken

by the Plaintiff in the captioned Suit.

2. Brief facts leading to the present Chamber Summons are as under:

a. By way of Agreement for Sale dated 22.10.1964 and Conveyance

Deed dated 31.03.1971 for the Suit Property (more particularly

described in the Schedule appended at Exhibit A of the Suit), the

Original Owners as vendors and Plaintiff No. 1, Plaintiff No. 4,

late Champalal Kothari, late Mangilal Kothari, late Pyarelal

 Kothari, late Mr. Moolchand Kothari, late Sunita Mehta, late Amar

Munot and Defendant No.2 being the parties to the aforestated

agreements, had come to an understanding that a right of pre-

emption was created amongst all the co-owners of the Suit

Property in the event any of the purchasers/ co-owners desire to

sell or assign the benefit arising from the Suit property.

b. In the said premises, the Defendant No. 2, being desirous of

selling his share to the Defendant no. 1, which is 22.5% of the

entire Suit Property; published a public notice on 9th October 2018

through the Advocates of the Defendant no. 1. By the said notice,

a time period of 14 days was given to submit any objections with

respect to a transaction being carried out of the 22.5% undivided

share in the Suit Property. The Plaintiffs raised their strong

objections to the transaction specified under the public notice by

way of Letter dated 17th October 2018. Copies of the public notice

dated 9th October and letter dated 17 th October 2018 are already

annexed to the Plaint in the captioned Suit at Exhibit-N at pg. 221

and at Exhibit-O at pg. 221.

c. On 21st October 2018, the captioned Suit along with the Notice of

Motion (L) 2562 of 2018 was filed by the present Applicants

praying for the following reliefs, inter alia:

i. To seek a declaration that the Defendant No. 2 is bound

by the agreement of pre-emption; and

ii. To seek a permanent mandatory Order of Injunction,

restraining the Defendant no. 2 from in any manner,

whatsoever, dealing with the Suit Property or any part

of the Suit Property;

 d. On 30th October 2018, the Plaintiff no. 2 also instituted a notice of

lis pendens with the Jt. Sub. Registrar, Andheri giving a notice to all

the concerned that the captioned Suit is pending in the High Court

in respect of the property described in the Schedule therein, and

since the rights of the Plaintiffs to the immovable property

mentioned in the Schedule are directly and specifically in question

in the Suit during pendency of the Suit, the said property cannot

be transferred, alienated or dealt with by any party to the Suit. A

copy of the Notice of Lis Pendens is annexed hereto and marked as

Exhibit – B.

e. Subsequent to the filing of present Suit on 21 st October, 2018 and

registration of Lis Pendens on 30th October, 2018, Plaintiffs have

come to know about Deed of Conveyance dated 26th October 2018,

purportedly executed by the Defendant no. 2 in favour of

Defendant No.1 thereby allegedly granting, selling, conveying,

transferring and assuring absolutely his 22.5% of the undivided

share, right, title and interest in the Suit Property to Defendant

No.1. A copy of the Deed of Conveyance dated 26 th October 2018

is annexed hereto and marked as Exhibit – C. The said Deed of

Conveyance dated 26th October, 2018 has been executed by

Defendant No.2 in gross violation of the understanding and

agreement by and between the original co-owners of the Suit

Property and hence is illegal. Hence, Plaintiffs are desirous of

challenging the same in the present suit.

3. I state that for the premises aforesaid, this Chamber Summons be made

absolute with costs. I state that if the present Chamber Summons are not

allowed, the same would cause grave loss, prejudice and injustice to the
 Applicant/Respondent and no harm would be caused to the Petitioner

if the reliefs as sought by the Applicant are granted by this Hon’ble

Court; therefore, it is necessary to make this Chamber Summons

absolute.

Solemnly affirmed at _______ )

On this day of November, 2018 )

Vidhii Partners
Advocates for the Applicant
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION (L) 2562 OF 2018

IN

SUIT (L) NO. 1447 OF 2018

Mofatraj P. Munot & Ors. …Plaintiffs

Versus

Larsen & Toubro & Ors. …Defendants

SCHEDULE OF AMENDMENTS

1. After paragraph 25, kindly add the following paragraph 25-A:

“25-A) On 30th October 2018, the Plaintiff no. 2 instituted a notice of lis

pendens with the Jt. Sub. Registrar, Andheri giving a notice to all concerned

that the captioned Suit is pending in the High Court in respect of the

property described in the Schedule therein, and since the rights of the

Plaintiffs to the immovable property mentioned in the Schedule are directly

and specifically in question in the Suit during pendency of the Suit, the said

property cannot be transferred, alienated or dealt with by any party to the

Suit. A copy of the Notice of Lis Pendens is annexed hereto and marked as

Exhibit – P.”

25-B) Subsequent to the filing of present Suit on 21 st October, 2018 and

registration of Lis Pendens on 30th October, 2018, Plaintiffs have come to

know about a Deed of Conveyance dated 26 th October 2018, purportedly

executed by the Defendant no. 2 in favour of Defendant No.1 thereby

allegedly granting, selling, conveying, transferring and assuring absolutely

his 22.5% of the undivided share, right, title and interest in the Suit
 Property in favour of Defendant No.1. A copy of the Deed of Conveyance

dated 26th October 2018 is annexed hereto and marked as Exhibit – Q. The

said Deed of Conveyance dated 26th October, 2018 has been executed by

Defendant No.2 in gross violation of the understanding and agreement by

and between the original co-owners of the Suit Property and hence is illegal

and liable to be declared as void and non- binding.

2. After existing prayer clause (d) in the Plaint, kindly add the following

prayers:

“(c1) This Hon’ble Court be pleased to order and declare the Deed of

Conveyance (annexed at Exhibit-Q of the Plaint) as void and illegal;

(c2) This Hon’ble Court be pleased to cancel the registration of the Deed of

Conveyance (annexed at Exhibit-Q of the Plaint) registered with the Office

of the Jt. Sub-Registrar, Andheri, bearing registration number 5632/18, in

furtherance of the prayer (c1);

(d1) pending the hearing and final disposal of the present Suit, this Hon’ble

Court be pleased to pass an Order of Injunction restraining the Defendant

No.1, their agents, assigns, successors or any other person claiming

through them, from in any manner whatsoever either directly or indirectly,

creating any further third party right, title or interest or license in favour of

anyone else;

“(d2) pending the hearing and final disposal of the present Suit, this

Hon’ble Court be pleased to pass an Order of Injunction restraining the

Defendant No.1, their agents, assigns, successors or any other person

claiming through them, from in any manner whatsoever either directly or

 indirectly, use and/or act upon the said purported Deed of Conveyance

dated 26th October, 2018 in any manner whatsoever;

3. After existing prayer clause (b) in the Notice of Motion, kindly add

the following prayers:

“(b1) pending the hearing and final disposal of the present Suit, this

Hon’ble Court be pleased to direct the parties to the Deed of Conveyance

(annexed to the Plaint at Exhibit-Q) not to act in furtherance of said Deed

in any manner whatsoever;

(d1) pending the hearing and final disposal of the present Suit, this Hon’ble

Court be pleased to pass an Order of Injunction restraining the Defendants,

their agents, assigns, successors or any other person claiming through

them, from in any manner whatsoever either directly or indirectly, creating

any further third party right, title or interest or license in favour of anyone

else;

4. After paragraph 14 of the Affidavit in support of the Notice of Motion,

kindly add the following paragraph 14-A:

“14-A) On 30th October 2018, the Plaintiff no. 2 also instituted a notice of

lis-pendence with the Jt. Sub. Registrar, Andheri giving a notice to all

concerned that the captioned Suit is pending in the High Court in respect of

the property described in the Schedule therein, and since the rights of the

Plaintiffs to the immovable property mentioned in the Schedule are directly

and specifically in question in the Suit during pendency of the Suit, the said

property cannot be transferred, alienated or dealt with by any party to the

Suit. A copy of the Notice of Lis Pendens is annexed hereto and marked as

Exhibit – R”
14-B) Subsequent to the filing of present Suit on 21 st October, 2018 and

registration of Lis Pendence on 30th October, 2018, Plaintiffs have come to

know about a Deed of Conveyance dated 26 th October 2018, purportedly

executed by the Defendant no. 2 in favour of Defendant No.1 thereby

allegedly granting, selling, conveying, transferring and assuring absolutely

his 22.5% of the undivided share, right, title and interest in the Suit

Property A copy of the Deed of Conveyance dated 26 th October 2018 is

annexed hereto and marked as Exhibit – S. The said Deed of Conveyance

dated 26th October, 2018 has been executed by Defendant No.2 in gross

violation of the understanding and agreement by and between the original

co-owners of the Suit Property and hence is illegal and liable to be declared as

void and non- binding.