Toshiaki Aiba as the Bankruptcy Trustee of the Estate of Vipan Kumar Sharma vs Vipan Kumar Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
AMIT BANSAL
Toshiaki Aiba as the Bankruptcy Trustee of the Estate of Vipan Kumar Sharma – Appellant
Versus
Vipan Kumar Sharma – Respondent

Table of Content
1. background of loan agreements and bankruptcy. (Para 3)
2. details of the bankruptcy declaration process. (Para 4)
3. defendants' arguments against the suit's maintainability. (Para 5 , 6 , 7)
4. court's reasoning on the nature of the suit. (Para 9 , 10 , 11 , 12 , 13)
5. challenges regarding foreign judgments and law application. (Para 17 , 19 , 20 , 27 , 28 , 30)
6. dismissal of the application and its implications. (Para 33)
7. final order of the court. (Para 34)
8. plaintiff's request for additional documents. (Para 36)
9. granting of leave to file documents. (Para 41)

JUDGMENT

Amit Bansal, J.(Oral)

I.A. No.6242/2020 (of the defendant no.2 u/O-VII R-11 of CPC)

1. The present application has been filed on behalf of the applicant/defendant no.2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint.

2. Notice was issued in this application on 29th July, 2020. Pursuant thereto, reply has been filed on behalf of the non-applicant/plaintiff.

3. Brief facts necessary for deciding the present application, as set out in the plaint, are set out below:

(i) Between 16th July, 2013 and 20th October, 2014, five separate loan agreeme

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DELHI HIGH COURTAMIT BANSALToshiaki Aiba as the Bankruptcy Trustee of the Estate of Vipan Kumar Sharma – AppellantVersusVipan Kumar Sharma – Respondent

DELHI HIGH COURT
AMIT BANSAL
Toshiaki Aiba as the Bankruptcy Trustee of the Estate of Vipan Kumar Sharma – Appellant
Versus
Vipan Kumar Sharma – Respondent