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Bombay High Court considers rejection of plaint under Order VII Rule 11 and Order XXIII CPC in suit by trustee alleging siphoning of funds from trust. Defendants seek dismissal on grounds of forgery, abuse of process, and frivolous pleadings.

High Court: Bombay High Court Bench: BOMBAY
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2026-09-17 12:04:39
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Issue of Consideration

Whether the plaint in Suit No. 2521 of 2008 should be rejected under Order VII Rule 11 and/or Order XXIII of CPC on grounds of abuse of process, lack of cause of action, forgery, and being scandalous/frivolous/vexatious, and whether the suit should be dismissed as per Notice of Motion No. 3050 of 2008.

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Law Points

  • Order VII Rule 11 CPC
  • Order XXIII CPC
  • rejection of plaint
  • abuse of process
  • scandalous pleadings
  • striking off pleadings
  • leave to withdraw suit
  • forgery in court records
  • Bombay Public Trust Act
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Case Details

2014 LawText (BOM) (03) 84

Notice of Motion No. 368 of 2011 in Suit No. 2521 of 2008 alongwith Notice of Motion No. 3050 of 2008

2014-03-24

R.D. Dhanuka, J.

2014:BHC-OS:3256

Mr. Anil Anturkar, Mr. Janak Dwarkadas, Mr. S.U. Kamdar, Mr. Pradeep Sancheti, Mr. Nasir Ali Rizvi, Mr. Diniar Madon, Mr. D. Singh and others

Mr. Rajiv K. Mehta

Mrs. Rekha H. Sheth & Ors.

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Nature of Litigation

Suit filed by a trustee of Lilavati Kantilal Mehta Medical Trust alleging siphoning of crores of rupees from the trust by certain trustees and companies; defendants seek rejection of plaint and dismissal of suit.

Remedy Sought

Defendant no.1 seeks rejection of plaint under Order VII Rule 11 and Order XXIII CPC and striking off scandalous/frivolous/vexatious pleadings; defendant no.13 seeks dismissal of suit on various grounds.

Filing Reason

Plaintiff alleges that certain trustees in collusion with companies siphoned off trust funds through unauthorized advances; no recovery actions taken, causing loss to trust.

Previous Decisions

Earlier, plaintiff filed Suit 2764/2007 for recovery, which was withdrawn without liberty to file fresh suit; subsequently filed Suit 1224/2008 with similar cause of action; over 120 proceedings pending between parties including under Bombay Public Trust Act before Charity Commissioner.

Issues

Whether the plaint in Suit No. 2521 of 2008 is liable to be rejected under Order VII Rule 11 and/or Order XXIII of Code of Civil Procedure, 1908 on grounds of abuse of process, lack of cause of action, forgery, and being scandalous/frivolous/vexatious. Whether the suit should be dismissed on other grounds as prayed in Notice of Motion No. 3050 of 2008.

Submissions/Arguments

Defendant no.1 argued that the plaint should be rejected because the plaintiff committed forgery in court records in earlier suit, and the cause of action was already litigated in Suit 2764/2007 which was withdrawn without liberty to file fresh suit; the plaint contains scandalous and vexatious allegations.

Judgment Excerpts

Notice of Motion No. 368 of 2011 is filed by defendant no.1 inter alia praying for rejection of plaint ... under the provisions of Order VII Rule 11 of Code of Civil Procedure, 1908 and also under the provisions of Order XXIII... (Para 2) The plaintiff claims to be a trustee of Lilavati Kantilal Mehta Medical Trust. (Para 3) It is case of the plaintiff that defendant no.7 in collusion with defendant nos. 1 to 6 and 8 to 18 have siphoned of crores of rupees from the funds of the said trust... (Para 4) Sometime in the year 2007 the plaintiff herein filed a suit (2764 of 2007) in this court ... this court thus granted only liberty to withdraw the said suit. (Para 9) It is case of the 1st defendants that the plaintiff had committed forgery in the records of this court... (Para 9)

Procedural History

Plaintiff originally filed Suit 2764/2007 for recovery, withdrew it without liberty; filed Suit 1224/2008; filed the present Suit 2521/2008; defendants filed Notice of Motion No. 368/2011 and 3050/2008 for rejection of plaint and dismissal; multiple other proceedings pending between the parties before the Charity Commissioner and courts.

Acts & Sections

  • Code of Civil Procedure, 1908: Order VII Rule 11, Order XXIII
  • Bombay Public Trust Act:
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Tags :
rejection of plaint Order VII Rule 11 Order XXIII trust siphoning of funds trustees forgery abuse of process striking off pleadings scandalous vexatious leave to withdraw suit withdrawal Charity Commissioner Bombay Public Trust Act

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