SOUMEN SEN
Kirti Vinimay Pvt. Ltd. – Appellant
Versus
Chemtex Speciality Ltd. – Respondent
Soumen Sen, J.
1. Both the applications are taken up for hearing and disposed of by this common order.
2. The defendant Nos.1, 2 and 3 have filed an application being G.A. No.1701 of 2017 for revocation of leave under Clause 12 of the Letters Patent.
3. Subsequently, the plaintiff has filed an application being G.A. No.2110 of 2017 for amendment of plaint.
4. The basis of the application for revocation is that the suit is essentially a suit for land and, accordingly, this Court has no territorial jurisdiction to try, receive and adjudicate the claim of the plaintiff.
5. In order to appreciate the objection raised by the applicant-defendants, it is necessary to consider the nature of the suit and the reliefs claimed in the suit.
6. By a Memorandum of Understanding (MoU) dated 16th November, 2016, the defendant nos.1, 2 and 3 granted short term financial accommodation to the defendant no.4 for a sum of Rs.3.25 crores. In consideration of the defendants agreeing to grant such loan, the plaintiff had agreed to execute a deed of guarantee and also agreed to create equitable mortgage of its property at Sankrail in the district of Howrah. The said MoU was alleged to have been executed
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