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2019 Supreme(SC) 1521

D.Y.CHANDRACHUD, HEMANT GUPTA
Stci Finance Ltd. – Appellant
Versus
Cedar Infonet Pvt. Ltd. – Respondent


Advocates Appeared:
C.A. Sundaram, Sr. Adv., Raj Shekhar Rao, Abhinav Mukhi, Abhishek Gupta, Ms. Rohini Musa, Abhishek Agarwal, Advocates, for the Appellants; Neeraj Kishan Kaul, Sr. Adv., Ashim Vachher, Pawash Piyush, Joby P. Varghese, Advocates, for the Respondents

ORDER

1. Leave granted.

2. This appeal arises from a judgment and order of a learned Single Judge of the Delhi High Court dated 8 May 2018 in a summary suit under Order 37 of the Code of Civil Procedure, 1908 ("CPC"). By the order impugned in appeal, the respondents who are the defendants have been granted unconditional leave to defend the suit.

3. The facts as they are material for the disposal of the present appeal lie in a narrow frame.

4. The appellant, by a 'loan facility agreement' dated 17 November 2010 agreed to grant a loan to the first respondent in the amount of Rs 50 crores for a term of twelve months with interest at the rate of 12% per annum, payable monthly. A deed of guarantee was executed by the second respondent.

5. In March 2011, the first respondent pledged 1,42,62,000 shares of Tulip Telecom Ltd., a sister concern of the first respondent managed and controlled by the second respondent. The shares were pledged on different dates between March 2011 and September 2012. Since 2013, Tulip Telecom Ltd. is in liquidation. A provisional liquidator has been appointed on 12 February 2015.

6. The loan was disbursed by the appellant in two tranches: the first tranche of Rs

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