Facts in CS(OS) No.709/2012

1. The plaintiff has filed the present suit for declaration seeking declaration that Pari Passu Deed dated 29.11.2011 entered into between the plaintiff and defendant No.1 and defendant No.2 is valid and subsisting and also seeking consequential relief of injunction.

2. The prayers made in the suit reads as under:

“a. declare the Pari Passu Deed dated November, 29, 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 Lender B Debt (as defined under the Pari Passu Deed dated November 29, 2011) i.e. monies accruing in favour of 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 Schedule 2 of the Pari Passu Deed dated November, 29, 2011 on February 7, 2012 being the Calculation Date;

c. pass an order and preliminary decree to disclose on affidavit the amounts received by defendant No.1 under the Lender B Finance Documents entered into by and between defendant No.1 and 2 fr