K.S.GUPTA
GOYAL MG GASES LIMITED – Appellant
Versus
PUNJAB WIRELESS SYSTEMS LIMITED – Respondent
( 1 ) THIS order will govern the disposal of IA no. 3156/2001 filed under Order XXXIX Rules 1 and 2 read with Section 151 Civil Procedure Code by the plaintiffs.
( 2 ) SUIT was instituted alleging that defendant No. 1-company is holding 51% equity shares in defendant No. 4-company while remaining 49% shares are held by defendant No. 2-company. Under a Inter Corporate Deposit agreement dated 29/4/1998, the plaintiff No. 1-company deposited with defendant No. 1 an amount of Rs. 1 crore which was repayable with interest on 27/8/1998. Defendant No. 1 being unable to repay this amount with interest vide letter dated 1/2/1999 requested plaintiff No. 1 to roll-over ICD for an additional period of 134 days. Plaintiff No. 1 agreed to roll-over the ICD for said period and a fresh Inter Corporate deposit Agreement dated 1/2/1999 was entered into between the parties. In order to secure plaintiff No. 1 for re-payment of said amount with interest, the defendant No. 1 pledged a total of 85 lacs shares held by it in Punwire trunking Services Ltd. under a letter of pledge dated 1/2/1999. Defendant No. 1 further entered into an agreement with plaintiff No. 1 to pledge its 51% shareholding
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