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2023 Supreme(Del) 5663

SACHIN DATTA
Religare Finvest Limited – Appellant
Versus
Lakshmi Vilas Bank Limited – Respondent


Advocates appeared:
Mr. Ashish Dholakia, Sr. Adv. along with Mr. Sandeep D. Das, Mr. Siddharth Sharma, Ms. Kritika Mundra, Mr. Rohan Chawla and Mr. Arpit Kumar Singh, Advocates, for the Appellant; Mr. Jayant Bhushan, Sr. Adv. along with Ms. Sushmita Gandhi, Mr. Bhargav Kosuru, Ms. Vatsala Pant, Mr. Amartya Bhushan and Mr. Tushar Bhushan, Advocates, Mr. Darpan Wadhwa, Sr. Adv. along with Mr. Prateek Kumar, Mr. Madhav Khosla, Ms. Moha Paranjpe and Mr. Amer Vaid, Advs. for applicant (SBI) in IA-12197/2019., for the Defendant

JUDGMENT

Sachin Datta, J. - IA No.7955/2019 (under Order VI Rule 17 of CPC, for amendment of the plaint read with Order I Rule 10 of CPC for impleadment of proposed defendant nos. 2 to 5, filed by the plaintiff)

1. The present application has been filed under Order VI Rule 17 r/w Order I Rule 10 of the Code of Civil Procedure, 1908 ("CPC") seeking the following prayers:

    "(a) Implead RHC Holdings Private Limited; Ranchem Private Limited; Malvinder Mohan Singh; and Shivinder Mohan Singh as party Defendants Nos. 2 to 5, respectively, in the present suit and permit describing of the present Defendant as Defendant No. 1;

    (b) Allow amendment of the plaint in terms of the amendments proposed hereinabove in paragraph 9;

    (c) Take on record, the plaint as amended and enclosed the present application;

    (d) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interests of justice"

    2. The present suit has been filed by the plaintiff inter alia seeking that liquidation of four of the plaintiff's lien-free fixed deposits (FDs) by the defendant be declared to be illegal and praying for recovery of the said amount.

    3. Briefly stated, the case of the plaintiff as stated in

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