SICPA INDIA PRIVATE LTD Vs. KAPIL KUMAR

JUDGEMENT

(1.) By this order, I propose to decide the following application filed by the parties to the suit. The details of the same are mentioned below :

(2.) The plaintiff on 2nd November, 2010 filed a suit for declaration and permanent injunction against the six defendants namely Mr.Kapil Kumar, Mrs.Ritu Kumar, M/s. Brushman (India) Ltd., ICICI Bank Ltd., DLF Ltd. and M/s. Genesis Finance Company Ltd. The reliefs claimed by the plaintiff in the suit are :

(3.) Brief facts of the present case as per the plaint are that the plaintiff lent and advanced to defendant No. 3, i.e. M/s Brushman (India) Limited through its Managing Director, defendant No.1, a sum of Rs.5,00,00,000/- by way of a Loan Agreement dated 27th August, 2008. After expiry of the term of repayment, the defendant No.3 requested plaintiff to roll over the loan for a further period of three months in view of the fact that it was not in a position to repay the loan amount. Accordingly, a fresh loan agreement dated 27th November, 2008 was entered into. Again on expiry of three months, the defendant No. 3 was not in a position to re-pay, and so the loan was re-rolled for a further period of 124 days commencing from 27th February, 2009 with additional security, inter alia, by way of second charge over two suit properties situated at D-6/2, Vasant Vihar, New Delhi and another at Penthouse No. 1917-A (New No. 1923-A), DLF, Magnolias, Gurgaon. Defendants No.1 and 2 alongwith Mrs. Raj Rani executed letter of guarantees all dated 27th February, 2009 in favour of the plaintiff. The first charge of the suit properties was with ICICI Bank i.e. defendant No.4 in the present suit.