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2015 Supreme(Bom) 796

S.J.KATHAWALLA
IDBI Trusteeship Services Ltd. – Appellant
Versus
Hubtown Ltd. – Respondent


Advocate Appeared:
For the Plaintiff:Dr. Veerendra V. Tulzapurkar, Senior Advocate, along with Sandip Parikh, Indranil Deshmukh, Aditya Mehta, Anish Wadia, Pooja Vora, instructed by M/s. Amarchand & Mangaldas & Suresh A. Shroff & Co., Advocates.
For the Respondent:Janak Dwarkadas, Senior Advocate, D. Madon, Senior Advocate, Gaurav Joshi, Senior Advocate, along with Nishit Dhruva, Ashok Agarwal, Prakash Shinde, Neeta Jain, Ambru, Jaising Mani, Chirag Bhavsar, instructed by M/s. MDP & Partners, Advocates.

Judgment

1. The Plaintiff – IDBI Trusteeship Services Limited has filed the above Summary Suit for recovery of a sum of Rs. 532,11,29,364.05 (Rupees Five hundred and thirty two crores eleven lacs twenty nine thousand three hundred sixty four and five paise only) with interest at the rate of 14.75% till the date of actual payment or realization as prayed for in prayer clause (a) of the suit. In the above Summary Suit, the Plaintiff has taken out the above Summons for Judgment praying that judgment be entered for the Plaintiff in the above Suit against the Defendant for the sum set out hereinabove along with interest.

2. The facts in the matter are briefly set out hereunder:

3. The Plaintiff is a Company incorporated under the Companies Act, 1956 and is a Debenture Trustee of the debentures issued to Vinca Developers Pvt. Ltd. (“Vinca”) by Amazia Developers Pvt. Ltd. (“Amazia”) and Rubix Trading Pvt. Ltd. (“Rubix”). Amazia and Rubix are wholly owned subsidiaries of Vinca. The Defendant and its individual promoters collectively own 90 per cent shareholding in Vinca.

4. Nederlandse Financierings – Maatschappiji Voor Ontwikkelingslanden N.V. (“FMO”) is a Corporation constituted under the La
































































































































































































































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