ICICI BANK LTD Vs. LIMTEX INDIA LTD

JUDGEMENT

(1.) These two applications are at the instance of the Defendant and are directed against the order Nos. 26 and 28 both dated July 19, 2010 passed by the learned Judge, Sixth Bench, City Civil Court, Calcutta in Title Suit No. 2569 of 2008 and in Title Suit No. 1887 of 2008 respectively thereby rejecting applications under Order 7 Rule 10 of the Code of Civil Procedure

(2.) Since identical questions of law are involved in the two matters, these two applications are disposed of by this common judgment. For convenience, I am discussing the case under C.O. No. 2804 of 2010 first.

(3.) The Plaintiff/opposite party herein instituted a suit for a decree of declaration that the transaction dated November 7, 2006 and the credit arrangement letter dated October 31, 2006 and its extension dated October 30, 2007 between the parties hereto are illegal, null and void and not enforceable by either party, perpetual injunction, mandatory injunction directing the Defendant to credit in the Plaintiff's current account with ICICI Bank, Kolkata Branch with a sum of Rs. 18,00,000/- for fixed deposit adjusted by the bank on April 15, 2008 and other reliefs.