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2014 Supreme(Del) 1587

MANMOHAN SINGH
Sicpa India Private Ltd. – Appellant
Versus
Kapil Kumar – Respondent


Advocate Appeared:
For the Plaintiffs:C. Mukund, Ashok Kumar Jain, Advocates.
For the Defendants :D1 to D3, Sandeep Sethi, Maninder Singh, T.K. Ganju, Sr. Advs. with Ms. Lakshmi Gurung, Sujeet Kumar Mishra, D6, Vikas Arora, Manish, Mohit Taneja, Varun Arpit Maheshwari, D7, Salil Seth, Rajarshi Bhuyan, Arav Kapoor, Advocates.

Judgment

Manmohan Singh, J.

1. By this order, I propose to decide the following application filed by the parties to the suit. The details of the same are mentioned below :

Applications filed by plaintiff :

i. I.A. No.15011/2010 (Order XXXIX Rule 1 & 2 r/w S 151 CPC)

ii. I.A. No.15012/2010 (Order II Rule 2 r/w S 151 CPC)

iii. I.A. No.478/2011 (Order I Rule 10(2) CPC)

iv. I.A. No.274/2012 (Order VI Rule 17 r/w S 151 CPC)

Applications filed by D-1 to D-3 :

i. I.A. No.6654/2011 (Section VIII of Arbitration & Conciliation Act, 1996)

ii. I.A. No.6657/2011 (Order I, Rule 10 r/w S 151 CPC)

iii. I.A. No.20809/2011 (Order VII Rule 11 r/w S 151 CPC)

2. The plaintiff on 2nd November, 2010 filed a suit for declaration and permanent injunction against the six defendants namely Mr. Kapil Kumar, Mrs. Ritu Kumar, M/s. Brushman (India) Ltd., ICICI Bank Ltd., DLF Ltd. and M/s. Genesis Finance Company Ltd. The reliefs claimed by the plaintiff in the suit are :

(a) A decree of declaration is claimed in respect of the property in question claiming a second charge of the plaintiff and further that defendant Nos.4, 5 and 6 are bound to take note of the said second charge in their records.

(b) Mandatory injunction









































































































































































































































































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