EIH LIMITED Vs. BALAJI HOTELS AND ENTERPRISES LIMITED

JUDGEMENT

(1.) These two suits were jointly tried as per the orders of this Court. The suit in Transfer CS No.108 of 2017 was withdrawn to this Court from the City Civil Court. Transfered CS No.108 of 2017 was originally filed before this Court as C.S.No.257 of 2005, upon the enhancement of the pecuniary jurisdiction of the City Civil Court, the said suit stood transfered to the City Civil Court and was numbered as OS No.12159 of 2010. Thereafter, since the suit was connected with CS No.164 of 2011 which was pending on the file of this Court, the suit was transferred to this Court to be tried along with CS No.164 of 2011. Hence both the suits are disposed of by this common judgment.

(2.) The brief averments in the plaint in Transfer CS No.108 of 2017 (CS No.257 of 2005) are as follows:

(3.) The defendants 1 and 2 did not file a written statement. The third defendant filed a written statement, contending that the third defendant has only purchased the security interest of ICICI Bank, which was covered by a mortgage of the Commercial Complex property. It was further contended by the third defendant that there was a clear demarcation between the Hotel property and the commercial complex property. While the Hotel Unit was mortgaged to defendants 5 and 6 viz., the Industrial Finance Corporation of India and the Tourism Finance Corporation of India, the commercial complex portion alone was mortgaged to ICICI Bank.