ICICI BANK LTD Vs. VINOD GUPTA

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present petition challenges the impugned order dtd. 11/9/2020 in C.S. No. 8627/2016 [old no. C.S. (OS) No. 2109/2011] titled Sh. Vinod Gupta v. ICICI Bank Limited & Ors. passed by the ld. ADJ-06 (SE) Saket Courts, New Delhi (hereinafter "Trial Court") vide which application filed by the Petitioner/Defendant (hereinafter "Defendant Bank") under Order VII Rule 11 CPC has been rejected. The main ground urged under Order VII Rule 11 CPC is that a simpliciter suit praying for declaration and mandatory injunction without praying for consequential relief is not maintainable in view of Sec. 34 of the Specific Relief Act, 1963 (hereinafter "Act").

(3.) The Respondent/Plaintiff (hereinafter "Plaintiff") filed the suit for declaration and mandatory injunction seeking declaration to the following effect: