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2017 Supreme(Guj) 1879

B.M.TRIVEDI
HDFC Bank Limited – Appellant
Versus
Ashapura Minechem Limited – Respondent


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

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, 73359























































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