Madhya Pradesh High Court
Primus Chemicals Ltd vs The I F C I Limited on 14 February, 2022
Author: Anil Verma
Bench: Anil Verma
1
THE HIGH COURT OF MADHYA PRADESH
SA No. 1155/2021
Indore, Dated: 14/2/2022
Appellant present in person.
Heard on admission.
Appeal is admitted for final hearing on the following
substantial questions of law:-
1/ Whether suit for declaration as sought in the plaint is
covered under Article 58(c) of the Limitation Act, 1963
when the cause of action of illegality in as much as Act of
extortion arose prior to 27/3/2014 and when there is
consequential relief mandatory injunction is also sought?
2/ Was it necessary to submit the documents of
incorporation ( registration certificate) when the one time
settlement agreement, mortgaged of title
deeds/documents, pledge of share certificates and no
certificate between the parties to the suit is admitted and
undisputed fact?
3/ After settlement of the loan and issuance of no dues
certificate whether the bank/financial institution has to
release entire original title deeds/documents with all
sanction/approval letters mortgaged and share certificates
mortgaged/hypothecated and/or pledged by the borrower
and its guarantors?
Registry is directed to make note about service of notice on
respondents. If respondents are unserved then fresh notice be issued
to them on payment of PF within 7 days. Notice be made returnable within 8 weeks.
(Anil Verma) Judge BDJ Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.02.15 09:54:08 +05'30'