NEUTRAL CITATION NO:2022/DHC/005613

CS(OS) 161/2012 Page 1 of 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of order : 12^th December 2022

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CS(OS) 161/2012

M/S H.QR.P. LIMITED & ORS

..... Plaintiffs

Through:

Counsel for plaintiffs (appearance

not given)

versus

M/S M.T.I LIMITED & ORS

..... Defendants

Through:

Mr. Amandeep Singh, Advocate

for D-6,10, 11, 12, 20 to 22, 24 to

28

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

CHANDRA DHARI SINGH, J (Oral)

I.A. 4662/2013

1. By way of this application, the defendants no. 11, 12, 20 to 22, 26

to 28 (hereinafter referred to as the ‘applicants’) prays for the stay of the

captioned suit, in accordance with Section 10 of the Code of Civil

Procedure, 1908 (hereinafter referred to as ‘the Code’) inter alia with the

following reliefs:

Digitally Signed By:GAURAV

SHARMA

Signing Date:16.12.2022

17:39:05

Signature Not Verified

NEUTRAL CITATION NO:2022/DHC/005613

CS(OS) 161/2012 Page 2 of 10

of said defendants.”

2.

The applicants by way of the present application have taken a plea

that the captioned suit is leading to multiplicity of the proceedings

between the parties, as the issues involved in the captioned suit are also

directly and substantially in issue, in various previously instituted suits

between the same parties or between parties litigating under the same

title.

3. For elaborating their plea so made by way of the instant

application, the applicants have given the following details of the various

suits pending between the parties:

(i) The Defendant No.11 J.J. International Private Limited

had previously filed Company Petition No.255/2010 against

plaintiff No-1 in which it had claimed Rs.2,75,06,870.64

outstanding up to the end of January 2009. In respect of that

claim defendant No-11 had filed complete statement of

account in that petition.

(ii) That defendant No.12 had previously filed a suit for

recovery bearing No. CS (OS) 3057/2011 on the basis of a

loan given to plaintiff No.1 during the period 01.02.2007 to

16.07.2009.

(iii) M/s Acme Resources Limited defendant No.20 had

previously filed a case bearing C.C No.16/01/10 regarding

loan of Rs. Five crores advanced by it to plaintiff No.1 in

Digitally Signed By:GAURAV

SHARMA

Signing Date:16.12.2022

17:39:05

Signature Not Verified

NEUTRAL CITATION NO:2022/DHC/005613

CS(OS) 161/2012 Page 3 of 10

May, 2008 which is the subject matter of the said Complaint

filed under Section 138 of the Negotiable Instruments Act,

1881.

(iv) M/s Abhipra Capital Limited defendant No.21 had

previously filed a Company Petition 476/2009, in respect of

loan of Rs. 25,000,00/- (Twenty Five Lacs) advanced by it to

plaintiff No.1 through cheque in November 2006 which was

repayable with interest @ 18% p.a.

(v) M/s Bathla and Company Pvt. Ltd. Defendant No. 22 had

previously filed a Company Petition 477/2009, against

plaintiff No.1 in respect of Loan of Rs. 10,00,000/- (Ten

Lacs) advanced by it to plaintiff No.1 on 25^th November

2006.

(vi) Shri Kanwal Kant Chagti defendant No.26 had

previously filed a suit No-CS(OS) 822/2011 in the High

Court of Delhi in respect of loan of Rs. 49,07,663/- advanced

by it to plaintiff No.1 out of which some money was repaid

by plaintiff No.1 and the balance being Rs-39,80,416.80/-

for which said suit is pending.

(vii) Shri Gulshan Rai (since deceased) defendant No.27 had

previously filed a suit No.CS(OS) 824/2011 in High Court of

Delhi which is pending regarding money advanced to

plaintiff No.1 during the period March 2007 to October 2008

as Share Application money amounting to Rs.1,10,00,000/- (

Digitally Signed By:GAURAV

SHARMA

Signing Date:16.12.2022

17:39:05

Si