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2013 Supreme(Mad) 370

VINOD K.SHARMA
First Leasing Company of India Limited – Appellant
Versus
Lilliput Kidswear Ltd rep. by Its Chairman & Managing Director – Respondent


JUDGMENT

1. It is pleaded, that the plaintiff/applicant has file a suit for issuance of direction to the defendants/respondents to deliver Schedule I & II mentioned machineries to the plaintiff at their office at Chennai on their own risks and costs and in default by the defendants, order repossession of the Schedule I & II mentioned property through Court process. The prayer is also for issuance of permanent injunction, restraining defendants, their men, agents, staff, subordinates or any person claiming through or holding on behalf of them from in any way dealing with the schedule I & II mentioned assets / machineries installed at schedule premises by way of alienation / parting with possession or dealing with the same.

2. The plaintiff/applicant is a Non-Banking Financial Company regulated and registered with the Reserve Bank of India and is a company registered under the Companies Act. It is submitted, that it entered into a loan agreement dated 15.06.2010 at Chennai. The defendant no.1 availed a loan of Rs.10,00,00,000/- (Rupees Ten Crores only), which was agreed to be repaid with interest @ 12% p.a. and in the event of default, @ 33% p.a. The loan was advanced for purchase of
































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