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2015 Supreme(Bom) 133

K.R.SHRIRAM
ICICI Bank Limited (Debenture Trustee) – Appellant
Versus
Unimers India Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs:Venkatesh Dhond, Senior Advocate with Gargi Bhagwat i/b Divekar Bhagwat & Co., Sheikh Yusuf Ali i/b Advani & Co., Umesh Shetty a/w. S. D'souza i/b Flavia Legal, Sushrut Desai a/w. L.A. Rubens, Sujit S. Suryawanshi i/b Vigil Juris Advocates.
For the Defendants:D5 & D7, Vinod Kothari i/b Apex Law Partners, Advocates.

JUDGMENT

K.R. SHRIRAM, J.

1. This is a cluster of matters where the issue that requires to be decided is whether this Court has jurisdiction to receive, try and dispose of the suit?

For the sake of convenience, I am taking the brief facts from suit No.771 of 2002.

2. The plaintiff is a public limited company incorporated under the Indian Companies Act, 1913 (VII of 1913) and a Financial Institution within the meaning of Section 4-A of the Companies Act, 1956. Defendant no.1, is a company within the meaning of the Companies Act, 1956 (1 of 1956) and inter-alia carrying on business of manufacturing, producing, distributing, importing, exporting, buying, selling and dealing in all types of goods and products based on rubber and/or plastics for domestic and industrial use and such other ancillary products. Defendant nos.2 to 10 are necessary parties inasmuch as they may have interest in the properties of defendant no.1 that are charged/mortgaged to the plaintiff.

3. This suit is filed by the plaintiffs as debenture trustees for the debenture holders in respect of debentures issued by defendant no.1. Defendant no.1 had executed a declaration of trust, i.e., a trust deed in favour of the pla
























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