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PLAINTIFF
VERSUS
ICICI BANK LTD & ANOTHER
DEFENDANTS
1. That the plaintiff have instituted the present suit for declaration,
cancellation, permanent and mandatory injunctions against the
defendants in respect of the sale of equity shares numbering
34001 to 44000 under the Share Certificate no 55 issued by Dr.
PK Chakarvarty on behalf of the plaintiff company .
3. That the plaintiff company is the lawful owner and has the absolute
rights in the equity shares numbering 34001 to 44000 under the
share certificate no 55 issued by the plaintiff company.
4.
6. That defendant No. 1 and 2 on the basis of this sham and collusive
sale instrument, wanted to defraud Plaintiff Company, by
asserting false statement of facts about the ownership and
possession of the above mentioned shares. It is pertinent to
mention here that the defendants have also approached the
Plaintiff Company to transfer those shares in favour of defendant
no 2 on the basis of this sham and false shares transfer instrument.
7. That the Plaintiff Company has sent legal notice to the defendant No.
1 and 2 as soon as it has come to know about the creation of sham
sale instruments. The Plaintiff have also sent several reminders
about its objection and questioned the competence of the
8. That Plaintiff Company submits that the defendant No. 1 & 2 have
no right, title or interest overs the above shares of the plaintiff
company. The defendants are bent upon in defeating the rights of
the plaintiff to the said shares. If the defendants succeed in their
designs, the plaintiff company is likely to suffer an irreparable
loss and injury, which cannot be compensated in terms of
damages.
11. That the Plaintiff Company has got a good prima facie case in its
favour and most likely to succeed before this Hon'ble Court. The
d) Pass such other and/or further orders as this Hon'ble Court may deem
fit and proper in the facts and circumstances of the case in the
interest of justice.
It is prayed accordingly.
Plaintiff
Authorized Representative
Through Counsel
KALYAN DUTT
Advocate,
163, Lawyers Chamber
Delhi High Court New Delhi
9818361786
PLACE: NEW DELHI.
DATED:
OF 2012
IN THE MATTER OF
M/s. TRACTEL TIRFOR INDIA PVT LTD
PLAINTIFF
VERSUS
ICICI BANK LTD & ANOTHER
DEFENDANTS
I, SURESH UNIAL S/o Late R P Uniyal C/o 302, Harsha Bhawan 64-65,
Nehru Place, New Delhi aged about 45 years do hereby solemnly affirm and
declare as under :-
2. That the accompanying application under Order 39 rule 1 & 2 r/w section
151 of Civil Procedure Code seeking ad interim injunction has been drafted
by his counsel under his instructions. The contents of which have been read
and understood and found the same to be correct, which are not reproduced
herein for the sake of brevity and same may be read as part and parcel of
this affidavit.
DEPONENT
VERIFICATION:
DEPONENT