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2023 Supreme(Del) 1922

MINI PUSHKARNA
Morgan Securities And Credits Pvt. Ltd. – Appellant
Versus
Bpl Limited – Respondent


Advocates appeared:
Ms. Priya Kumar with Abhishek Puri, Ms. Surbhi Gupta, Tejas Chhabra, Arpit and Bhimraj Achary, Advocates, for the Petitioners.
Sandeep Sethi, Senior Advocate with Karan Luthra, Prabhav Bahuguna, Advocates, for the Defendant-1, 4 and 6.
Dayan Krishnan, Senior Advocate with Rohan Batra, Ms. Sonali Malik, Harsh Vardhan Arora and Sukrit Sethi, Advocates, for the Defendant-2.
Neeraj Kishan Kaul, Senior Advocate with Shankh Sengupta, Ms. Varuna Bhanvale, Ribhu Garg, Ms. Ira Mahajan, Advocates, for the Defendant-7.
Gopal Jain, Senior Advocate with Shankh Sengupta, Ms. Varuna Bhanrale, Ribhu Garg, Advocates, for the Defendant-8.

JUDGMENT

Mini Pushkarna, J. The present suit for declaration has been filed on behalf of the plaintiffs on the premise that the holding of defendant No. 1 in the defendant No. 2 company has been diluted to 20.54% and subsequently to 15.88% in violation of the order dated 23.08.2013 passed by this Court in Arbitration Petition 362/2013 (renumbered as Arb. Appeal No. 14/2015). Furthermore, defendant No. 2 allotted shares in favour of defendant Nos. 7 and 8, resulting in further dilution of holding of defendant Nos.1 and 4 in the defendant No. 2 company. The defendant No. 3 has acquired the shareholding in defendant No. 2 acting through its subsidiaries i.e. defendant Nos. 7 and 8, which is stated to be in breach of order dated 23.08.2013 passed by this Court.

2. It is the case of the plaintiff that defendant No. 1 and M/s BPL Display Devices Ltd. availed certain bill discounting facilities from the plaintiff by and under `Bill Discounting Agreements/Sanction Letters' (in short `Agreements') dated 27.12.2002 and 11.06.2003. In all, sum of Rs.13,23,23,523/- was disbursed to the defendant No. 1 by the plaintiff.

3. It is submitted on behalf of the plaintiff that though huge amounts bec

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