ORDER :

PRAYER IN O.A.No.230 of 2020: This Original Application is filed under Order XIV Rule 8 of O.S. Rules r/w Order XXXIX Rule 1 & 2 of CPC:

(a) praying to interim injunction restraining the Respondent No.1 from distributing any dividend among its shareholders and/or pay any remuneration at its increased rate to its managing director, director and senior employees, pending disposal of the main suit;

(b) To appoint a commissioner or any other fit and proper person as may be deemed fit by this Court to trace the assets of the Respondents and report the same to this Court, pending disposal of the main suit;

(c) Directing the respondents 1 to 11 to furnish security/deposit in this Court the outstanding amount of Rs.231,60,00,000/-(Rupees two hundred thirty one crores sixty lakhs only) as on 31st May 2020 i.e., principal of Rs.200,00,00,000/- and interest of Rs.31,60,00,000/- (Rupees thirty one crores sixty lakhs only) thereon till 31st May 2020 and any amount which is sufficient to secure the claim of the applicant and failing which attach the assets and properties of respondent Nos.1 to 11 which are sufficient to secure the outstanding amount of the applicant pending disposal of the main suit;

(d) Interim injunction that until the respondents Nos.1 to 11 furnish security/deposit amounts in terms of prayer clause (c) above this Court be pleased to, restrain the respondent Nos.1 to 11, by themselves, their servants, contractor and/or any other persons claiming through them or under or by a temporary order and injunction of this Court from in any manner transferring, alienating, selling, disposing of and/or dealing and third party right or interim in any of their asset and/or properties or effect pending disposal of the main suit;

(e) Direction to the respondents 1 to 11 to disclose on oath all their assets and properties, movable and immovable, with location/address of such assets and properties and details of charges/encumbrances if any thereon including shareholding in companies and interest in partnership firms/LLPs together with bank accounts with bank statements for the last five years along with Income-tax returns with computation of income for assessment year 2013-2014 to Assessment year 2019-2020 pending disposal of the main suit;

(f) Interim injunction restraining respondents 2 to 5 from leaving India and this Court further be pleased to direct the respondents 2 to 5 to deposit their passports with this Court pending disposal of the main suit;

(g) Interim injunction restraining the respondents 2 to 5 from leaving India and this Court pleased to direct the respondents 2 to 5 to deposit their passports with this Court pending disposal of the main suit;

(h) Praying to vacate the injunction granted to the first respondent vide order dated 25.06.2020;

(i) To stay the proceedings in the present suit until hearing and final disposal of Commercial Summary Suit No.1332 of 2019 before the Bombay High Court.

(j) Praying to pass an order for rejection of the plaint against the petitioner under Order 7 Rule 11 of the CPC for non-disclosure of cause of action or pass an order for striking the petitioner's name as party defendant under Order 1 Rule 10 of the CPC;

(k) To strike out the applicant/7th defendant from the array of parties in C.S.(Comm)No.154 of 2020; and

(l) To strike off the name of the applicant/8th defendant herein from the present suit.

Background

Dewan Housing Finance Limited (DHFL) issued a prospectus dated 25.08.2016 in relation to the issuance of 10,00,00,000/- secured redeemable non-convertible debentures (NCDs) of the face value of Rs.1000/- each. 63 Moons Technologies Limited (63 Moons), a company previously known as Financial Technologies (India) Ltd. applied for allotment of NCDs pursuant to the above mentioned prospectus. Based on its applications, a first lot of 10,00,000 NCDs with a coupon rate of 9.05% and aggregate face value of Rs.100 crores; and a second lot of 10,00,000 NCDs at a coupon rate of 9.25% and aggregate f