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DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Bhasin Tobaccos Ltd. – Appellant
Versus
Gambro Nexim (India) Medical Ltd. – Respondent
JUDGMENT
1. IA No.13912/2018 of the defendants no.1 to 3 under Order VII Rule 11 of the CPC read with Sections 18 and 34 of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 (DRT Act) is for consideration.
2. The counsel for the plaintiffs was heard at length on the said application on 5th December, 2018 when, after recording the submissions made and the queries of the Court, further opportunity was given to the plaintiffs to make submissions. The senior counsel for the plaintiffs appearing today, the senior counsel for the defendants no.1 to 3 and the counsel for the defendant no.6 Indian Bank have been heard. The counsel for the defendants no.4 and 5 has made only one submission, that it is the choice of the plaintiffs, whether to proceed before the Debt Recovery Tribunal (DRT)/its Recovery Officer or before this Court.
3. The plaintiffs instituted this suit, initially for the reliefs of, (i) declaration that the plaintiffs are the owners of property no.47, Ring Road, Lajpat Nagar-III, New Delhi-110 024 and that the defendants no.1 to 3 have no right, title and interest in the said property; (ii) mandatory injunction directing the defendant no.5 to refun
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