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2012 Supreme(Del) 1574

MANMOHAN SINGH
Clearwater Capital Partners India – Appellant
Versus
ICICI Bank Limited – Respondent


Advocates appeared:
For the Plaintiff:Rajiv Nayar, Sr. Adv. with Amit Sethi, Aman Gandhi, Saurabh Seth & Vaibhav Mishra, Advocates.
For the Defendants:D1 - Atul Sharma, with Nidhi Mehrotra, Maneesha Dhir, with R.S. Paliwal & D2 - Mayank Grover, Advocates.

Judgment :

MANMOHAN SINGH, J.

1. The plaintiff has filed the present suit for declaration seeking declaration that Pari Passu Deed dated 22.08.2011 entered into between the plaintiff and defendant No.1 and defendant No.2 is valid and subsisting and also seeking consequential relief of injunction. The prayers made in the suit reads as under:

“a. declare the Pari Passu Deed dated August 22, 2011, executed by and between the plaintiff, defendant No.1 and defendant No.2 as valid, subsisting and binding on both defendants herein;

b. pass an order and preliminary decree directing defendant No.1 to disclose on affidavit the amounts received by defendant No.1 under the Lender B Finance Documents entered into by and between defendant Nos.1 and 2 from time to time for the facilities set out in Lender B Finance Documents (as defined under the Pari Passu Deed dated August 22, 2011) on and from February 07, 2012 being the Calculation Date till the date of the passing of the decree;

c. pass an order and decree directing defendant No.1 to disclose on affidavit and/or to the plaintiff the amounts received by defendant No.1 under the Lender B Finance Documents entered into by and between defendant






















































































































































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