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2015 Supreme(Del) 4461

MANMOHAN SINGH
Jute Investment Co. Ltd. – Appellant
Versus
Idbi Capital Market Services Ltd. – Respondent


For the Plaintiff in LA. No. 21503/2015 in CS(OS) 3082/2015:Mr. Kapil Sibal,, Dr. A.M. Singhvi and Mr. Rajiv Nayar, Sr. Advs. with Ms. Misha Rohatgi Mohta, Ms. Gunika Gupta & Ms. Aayushi Sharma, Advocates.
For the Defendant No. 1 in LA. No. 21503/2015 in CS(OS) 3082/2015:Mr. Amit Mahajan, Advocate.
For the Defendant No. 4 in I.A. No. 21503/2015 in CS(OS) 3082/2015:Mr. P. Chidambaram, Sr. Adv. with Mr. Ankur Chawla, Ms. Megha Gupta & Ms. Kanika Singh, Advocates.
For the Defendant No. 5 in I.A. No. 21503/2015 in CS(OS) 3082/2015:Mr. A.S. Chandhiok, Sr. Adv. with Mr. Ankur Chawla, Ms. Kanika Singh, Ms. Shweta Kakkad, Ms. Monika Tyagi, Ms. Megha Gupta & Ms. Mallika Mendhiratta, Advocates.
For the Plaintiff in I.A. No. 21723/2015 in CS(OS) 3105 of 2015:Dr. A.M. Singhvi, Sr. Adv. and Mr. Sandeep Sethi, Sr. Adv. with Mr. Neeraj Chaudhari & Mr. Prashant Sanghi, Advocates.
For the Defendant 1 in I.A. No. 21723/2015 in CS(OS) 3105 of 2015:Mr. P. Chidambaram, Sr. Adv. with Mr. Ankur Chawla, Ms. Megha Gupta & Ms. Kanika Singh, Advocates.
For the Defendant 4 in I.A. No. 21723/2015 in CS(OS) 3105 of 2015:Mr. Amit Mahajan, Advocate.
For the Defendant 5 in I.A. No. 21723/2015 in CS(OS) 3105 of 2015:Mr. A.S. Chandhiok, Sr. Adv. with Mr. Ankur Chawla, Ms. Kanika Singh, Ms. Shweta Kakkad, Ms. Monika Tyagi, Ms. Megha Gupta & Ms. Mallika Mendhiratta, Advocates.

JUDGMENT :

Manmohan Singh, J.:-

1. By way of this common order, I propose to decide the two applications filed by the two respective plaintiffs in the suit for declaration and permanent injunction being common issue involved in the matter. The first suit was filed by M/s. Jute Investment Company Limited on 8th October, 2015 and summon and notice was issued for 12th October, 2015 and on 12th October, 2015, the second suit was filed by M/s. Rameshwara Jute Mills Ltd. M/s. Universal Cables Limited is the defendant No. 4 in CS (OS) No. 3082/2015 and is defendant No. 1 in CS (OS) No. 3105/2015 (hereinafter referred as company or defendant No. 1 for convenience).

2. The plaintiff has filed the above mentioned suit seeking inter alia the following reliefs:

“(a) Pass a decree declaring the Letter of Offer/ Abridged Letter of Offer both dated 14th September 2015 issued by Defendant No. 4 as unlawful, null and void ab-initio;

(b) Pass a decree of Permanent Injunction thereby injuncting the Defendants from proceeding with the Letter of Offer/ Abridged Letter of Offer both dated 14th September 2015 issued by Defendant No. 4;

(c) Pass necessary order staying the allotment of Right Shares until the e


















































































































































































































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