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2017 Supreme(Del) 2110

DEEPA SHARMA
A2Z Infra Engineering Ltd. – Appellant
Versus
ICICI Bank Limited – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Sandeep Sethi, Mr. Anish Kapur, Ms. Charu Tripathi, Mr. Navroop Singh Bakshi
For the Respondents: Mr. Rajeeve Mehra, Mr. E.R. Kumar, Mr. D.P. Mohanty, Ms. Shruti Aggarwal, Ms. Raveena Rai, Ms. Sreeparna Basak

JUDGMENT :

IA No. 14641/2016 (O. 39 R.1&2 CPC r/w Section 151 CPC)

1. The present suit has been filed by the plaintiff seeking permanent and mandatory injunction. The plaintiff sought mandatory injunction seeking directions to the defendant to comply with its obligation under Letter of Approval dated 28.12.2013 (“LOA”), the Corporate Debt Restructuring Package (“CDR Package”), the Master Restructuring Agreement dated 27th March, 2014 (“MRA”) and the CDR Guidelines issued by the Reserve Bank of India (RBI). They sought permanent injunction whereby restraining the defendant from disposing of 81,00,000 equity shares of the plaintiff-company which were allotted to the defendant under the fraudulent inducement by them.

2. The case of the plaintiff in brief is that they are primarily in the business of Engineering Procurement and Construction (“EPC”) of building Distribution & Transmission Infrastructure ("T&D") for domestic and international power sector clients. The defendant is a Banking Company and is a party to the CDR Package for restructuring the financial facilities provided to the plaintiff by 17 lenders, comprising of 16 banks (including the defendant-bank) and a financial institu





































































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