M/S Daiichi Sankyo Company Limited vs Oscar Investments Limited on 22 September, 2022
Author
this Clause 3.9(a)(vi)(D) including
pursuant to the invocation of pledge or imposition of
any liability, penalty, cost on RSL due to such ... Pledge Agreement dated 19 March 2018 and notice of invocation
of Security under the pledge agreement
Dear Sir,
1. This notice (Notice) is in reference
emphasizes the fact that there is a qualitative
difference between the invocation of pledged securities and recall of
the loan facilities. The right to recall ... Gopal Jain, does
not dispute the fact that the invocation of the pledged securities was
for the same default which constitutes basis of the issuance
that respondent No.2 has
acted upon by reversing the share pledge invocation transactions.
However, the fact remains that since 2005 Respondent
were pledged in favour of Appellant in 2014 itself and
that, subsequently, vide the impugned 2016 Pledge Agreement, the CD
pledged the remaining 15% shares ... make any
reference to the Alleged 2014 Pledge Agreement either in the pledge
invocation letter or in its Claim Dorm and only relied upon
secure the optimum
price of the pledged shares, after the invocation of pledge,
carries any substance in view of the rights of the pledgee,
recognized ... unconditional leave to defend the suit.
22. The ground of non-invocation of pledged shares at an
opportunate time so that the pledged shares could
second set of the BTL
pledged shares (hereinafter referred to as "New BTL pledged
4
shares") were pledged by the plaintiff in favour ... petitioner
submits that the basis of the notice of invocation and sale of pledged
shares is default in payment. Such alleged default in payment
Bank from selling the pledged
30% of promoters' shares which have been Pledged vide Share
Pledge Agreement Dated 07.07.2021 in the open market ... pledgee is entitled to
invoke the pledge in terms of the provisions of the pledge document.
Further, upon invocation, the depository would register the pledgee
said agreement and took step to
realize the loan amount by invocation of pledges. The
opposite party No.2 thereafter filed a Suit for declaration ... petitioners are trying to misappropriate such huge amount
of money by invocation of pledge.
Having heard the learned Advocate for the
petitioners and the private
Pledged Shares does
appear to be at an under-value.
....
51. Indiabulls is not required to repeatedly invoke the
pledge in respect of the Pledged ... Signing Date:06.12.2022
09:54:56
pledge of the Pledged Shares in terms of the Sale Notice.
The invocation of pledge cannot be made