JUDGMENT - GOKHALE H.L., J.:---This is an appeal by original defendant No. 1 against an order dated 6th July, 2000 passed by a Single Judge of this Court dismissing the notice of motion taken out by the said defendant No. 1. The said notice of motion prayed for the dismissal of the suit filed by respondent No. 1 herein (original plaintiff) by contending that this Court has no jurisdiction to try the suit and/or to pass any appropriate orders therein. The appellants and respondents Nos. 2 to 5 are defendants in that suit (though respondent No. 5 has been subsequently deleted for the purposes of this appeal).

2. The short facts leading to this appeal are as follows:-

The appellant is a public limited company. On 28th April, 1997, it came out with a Public Issue of 33,45,000 Secured Optionally Fully Convertible Debentures (OFDC) of Rs. 200/- each at a discounted price of Rs. 160/-. These debenture were issued to the banks, mutual funds, financial institutions, including the respondent No. 1 and individual subscribers herein some times in June 1997. On 23rd October, 1997, a Debenture Trust Deed was executed between the appellants and respondent No. 1 appointing respondent No. 1 as the

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