MEERA DHANUKA Vs. BANK OF INDIA

JUDGEMENT

(1.) The plaintiff has filed the present application being G.A. No.1 of 2022 in C.S. (COM) No. 339 of 2024 (Old No. C.S. 14 of 2022) praying for mandatory direction upon the defendants to forthwith issue No Dues Certificate to the plaintiff in respect of the loans provided by the defendants in favour of the Company, namely, Riga Sugar Company Ltd. and injunction restraining the defendants from terming the plaintiff as a defaulter in respect of the loans provided by the defendants in favour of the Company, i.e. Riga Sugar Company Ltd. in any manner whatsoever.

(2.) The plaintiff has filed the suit against the defendants for declaration that the plaintiff's guarantee given to the defendants in respect of the loans provided by the defendants in favour of the Company, Riga Sugar Company Ltd. has stood disclosed, mandatory direction upon the defendants to forthwith issue No Dues Certificate to the plaintiff in respect of the loans provided by the defendants in favour of the Riga Sugar Company Ltd. and perpetual injunction.

(3.) The plaintiff being the owner of the Flat No. III(A) (Ground Floor), (Front Portion), Plot No. W-52, Greater Kailash, Part-II, New Delhi - 110048 (hereinafter referred to as "said premises') had agreed to create equitable mortgage in respect of the said premises in favour of the defendant nos.1 and 2, for the purpose of securing certain financial assistance to be further rendered by the defendant no.1 in favour of the company, namely, Riga Sugar Company Limited belonging to the husband of the plaintiff.