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2013 Supreme(Del) 274

HIMA KOHLI
In The Matter Of Aks Properties – Appellant
Versus
M. B. R. Aastha Bhagwati Educational Trust – Respondent


Advocates:
Advocate Appeared:
Mr. Shashi Bhushan Jain, Advocate
Mr. C.S. Gupta, Advocate

JUDGMENT

HIMA KOHLI HIMA KOHLI, J. (Oral)

1. The plaintiffs have filed the present suit against the defendant No.1/Trust, its Chairman and Treasurer, defendants No.2 & 3 respectively, praying inter alia for a decree of Rs.73,50,000/- alongwith interest @ 12% p.a., costs and expenses. Besides the above relief, the plaintiffs have also prayed for a decree of permanent injunction against the defendant No.1/Trust, restraining it from parting with the parcel of land measuring 0.89 hectare situated in village Thada, Tehsil Tizara, Rajasthan, original title deeds whereof were handed over by the defendant No.1/Trust to the plaintiff No.1/company as security for the loan advanced.

2. Counsel for the plaintiffs states that the plaintiff No.1/Company is in the business of financing, with or without security. It is stated that the plaintiff No.1/Company sought to enter into a partnership with the defendant No.1/Trust to run a hundred-bed hospital along with a dental college, which was awaiting approval from the DCI, for 100 BDS seats. As per the understanding between the plaintiff No.1/Company and the defendant No.1/Trust, against surety of a parcel of land measuring 0.89 hectares situated at v









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