MANMOHAN SINGH
Sicpa India Private Ltd. – Appellant
Versus
Kapil Kumar – Respondent
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
Amit Kumar Shaw and another vs. Farida Khatoon and another
Razia Begum vs. Sahebzadi Anwar Begum and others
M/s Aliji Monoji & Co. vs. Lalji Mavji and others
Savitri Devi vs. District Judge, Gorakhpur and Others
Khemchand Shankar Choudhary and another vs. Vishnu Hari Patil and others
D. Ramachandran vs. R.V. Janakiraman and others
Booz Allen and Hamilton Inc. vs. SBI Home Finance Limited and Others, (2011) 5 SCC 532 (Paras 48.3
Virgo Industries (Eng.) Private Limited vs. Venture-tech Solutions Private Limited
Guruswamy Nadar vs. P. Lakshmi Ammal (dead) Through LRs and Others, (2008) 5 SCC 796 (Paras 6, 7, 8
Jayaram Mudaliar vs. Ayyaswami and Others, (1972) 2 SCC 200 (Paras 13, 14
M.L. Abdul Jabbar Sahib vs. H. Venkata Sastri and Sons & Ors., AIR 1969 SC 1147
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