SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Guj) 1879

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
B.M. Trivedi, J.
HDFC Bank Limited – Appellant
Vs.
Ashapura Minechem Limited – Respondent
Civil Revision Application No. 10 of 2015
Decided On : 13-10-2017

Advocates Appeared:
For the Appellant :Mr. Mihir Thakore, Sr. Advocate and Mr. Anip A. Gandhi, Advocate
For the Respondent:Mr. Mihir Joshi, Sr. Advocate and Mr. S.N. Thakkar, Advocate

Headnote:Civil Procedure Code, 1908 (5 of 1908) – Order 7, Rules 10 & 11(a) – This petition is filed challenging order issued by trial court in non-disclosure of cause of action – as per the facts of the case defendant is claiming that he was enter in a contract with applicant bank fraudulently therefore void and illegal – court while rejecting this plaint held that plaint is silent on time when agreement became void and when cause of action arose.

JUDGMENT :

B.M. Trivedi, J.

1. The applicant Bank (original defendant) by way of the present Civil Revision Application filed under Section 115 of CPC has challenged the order dated 15.12.2014 passed by the Principal Sr. Civil Judge, Jamkhambhaliya (hereinafter referred to as "the trial Court") below Exh. 9 in Special Civil Suit No. 72 of 2012, whereby the trial Court has rejected the said application filed by the applicant under Order VII Rule 10 and 11 read with Section 151 of CPC, seeking return and/or rejection of the plaint. With the consent of the learned Advocates for the parties, the Civil Revision Application was heard finally at the admission stage.

2. The factual matrix in nutshell giving rise to the present Civil Revision Application may be stated as under:-

2(i) The respondent (original plaintiff) has filed the suit being Special Civil Suit No. 72 of 2012 against the applicant - defendant seeking various reliefs of declaration and permanent injunction as stated in paragraph 46 of the plaint, which read as under :-

"(a) For a declaration that the Master Agreement dated 15th October 2007 and all the four Transactions thereunder bearing reference Nos. 69026HM to 69145HM, 73359HM to 73360HM, 73773HM to 73774HM and 74217HM to 74218HM are illegal, void ab initio and unenforceable;

(b) For a permanent order of injunction of this Hon'ble Court restraining the Defendant, from acting under and/or in furtherance of the Master agreement dated 15th October 2007 and Transactions thereunder bearing reference Nos. 69026HM to 69145HM, 73359HM to 73360HM, 73773HM to 73774HM and 74217HM to 74218HM in any manner whatsoever;

(c) For a declaration that the Term Loan Agreement dated 13th August 2009 is illegal, null, void and unenforceable;

(d) For a permanent order of injunction of this Hon'ble Court restraining the Defendant, from acting under and/or in furtherance of the Term Loan Agreement dated 13th August 2009 in any manner whatsoever;

(e) For recovery of Rs. 54,68,57,468/- paid to the Defendant pursuant to the Master Agreement dated 15th October 2007 and the said Transactions and an interest at the rate of 18% per annum thereon;

(f) Pending the hearing and final disposal of the present suit, for a temporary order and injunction of this Hon'ble Court staying all proceedings initiated by the Defendant before the Debts Recovery Tribunal-II, Mumbai in Original Application No. 29 of 2011, Original Application No. 30 of 2011 and Original Application No. 31 of 2011;

(g) Pending the hearing and final disposal of the present suit, for a temporary order and injunction of this Hon'ble Court restraining the Defendant, its Managing Directors, Directors, officers, agents and servants from continuing with and/or initiating any fresh proceedings against the Plaintiff in the Debts Recovery Tribunal or any other Court/Tribunal/Forum for any alleged claims under Master Agreement dated 15th October 2007, the said Transactions thereunder and/or the Term Loan Agreement dated 13th August 2009;

(h) Pending the hearing and final disposal of the present suit for a temporary order and injunction of this Hon'ble Court restraining the Defendant, its Managing Directors, Directors, officers, agents and servants from acting under and/or in pursuance of and/or in furtherance thereto, or making any demands out of or in connection with said Master Agreement dated 15th October 2007 and/or the said Transactions thereunder;

(i) Pending the hearing and final disposal of the present suit for a temporary order and injunction of this Hon'ble Court restraining the Defendant, its Managing Directors, Directors, officers, agents and servants from acting under and/or in pursuance of and/or in furtherance thereto or making any demands out of or in connection with the Term Loan Agreement dated 13th August 2009 including adjustments and/or appropriating any sums and/or receiving and/or realizing any sums for recovery of the amounts allegedly due thereunder."

2(ii) It has been alleged in the p














































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top