2024 (2) TMI 1613

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....llate Division of High Courts Act, 2015 and thus the suit cannot be pursued as a commercial suit? OPD-1 to 7. (ii)Whether the suit is liable to be dismissed for mis-joinder of defendant Nos. 1 to 6? OPD-1 to 6." 3. Submissions Heard on the two Preliminary issues. Issue No. 2 - Whether the suit is liable to be dismissed for mis-joinder of defendant Nos. 1 to 6? OPD-1 to 6. 4. A plea has been taken on behalf of the defendants that the defendant Nos. 2 to 6, are the Chairperson and the Executive Directors of defendant No. 1, who are neither necessary nor a proper party to the present suit. 5. Learned counsel for the plaintiff concedes to deletion of defendant Nos. 2 to 6 and amend the title of the defendant No. 1, to be su....

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....nnum. Pursuant thereto, the plaintiff Company transferred a sum of Rs. 2,10,00,000/- through RTGS on 11.12.2013, in the account details, as provided by defendant No. 7 branch which was duly acknowledged by it and it confirmed opening of FDRs. 11. Thereafter, FDR/SDR was issued against the new account opened with defendant No.7 branch of the defendant No.1 bank. On the request of the plaintiff, defendant No. 7 issued a Interest Certificate dated 14.03.2014 with interest calculated @ 9.20%. On the pointing out of the plaintiff's representative, the defendant No.7 agreed to rectify the interest rate for the period 12.12.2013 to 14.03.2014 @ 9.50% as was agreed and even issued a fresh FDR for the sum of Rs. 2,14,99,100/-. The fresh FDR beari....

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....der Section 120B, 419, 420, 467, 468 and 471 IPC read with Sections 13(2) and 13(1)(d) of Prevention of Corruption Act, 1998. Pursuant to the registration of aforesaid Criminal Case, the CBI has seized the original documents relating to the Current Account No. 03001100032853 as also the transactions effected therein on 21.07.2014 vide Production-cum-Seizure Memo dated 21.07.2014. The CBI vide its Notice dated 16.10.2014 has also directed the defendant No. 7 to produce certain documents under Section 91 of the Criminal Procedure Code, 1973. The accounts and banking transactions involving the Modi Group of Companies of which the plaintiff is one of the constituent, is under criminal investigation by CBI. 15. Additionally, a response dated ....