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2014 Supreme(Bom) 661

S.C.GUPTE
Remedial Resolutions Advisors Pvt. Ltd. – Appellant
Versus
Capri UK Investments Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs:Virag Tulzapurkar, Sr. Advocate a/w Sameer Pandit, Shanelle Irani i/b Wadia Gandhy & Co., Advocates.
For the Defendants:D.D. Madon, Sr. Advocate a/w Cyrus Ardershir, C.D. Mehta, Hasmit Trivedi i/b M/s. Dhruve Liladhar & Co., Advocates.

JUDGMENT

1. The Notice of Motion is taken out by the Plaintiffs for reliefs in the nature of attachment before judgment in a money Suit. The Suit claim arises out of what is described as a Commitment Agreement executed by the parties.

2. The Plaintiffs' case in the Suit may be briefly set out as follows:

Plaintiff No. 1 (a company registered under the Companies Act, 1956) is set up by Plaintiff No. 2 (a company incorporated under the laws of the State of Delaware, USA) and Plaintiff No. 3 (promotee/director of Plaintiff No. 2 and Director & Executive Chairman of Plaintiff No. 1). The business of Plaintiff No. 1 consists of acquisition and dealing in portfolios of non-performing retail loans from financial institutions. Plaintiff No. 1 and Defendant No. 1 (an investment company incorporated in UK) entered into a Commitment Agreement on 23 December 2009. The agreement envisaged setting up of an entity in India (referred to therein as “RCIL”) with an initial common equity capital of Rs. 10 Lacs, to be held equally by each of Plaintiff No. 1 and Defendant No. 1 through its nominee investor. Defendant No. 1 committed to provide a revolving line of credit to RCIL of $ 10 Million carrying a



















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