STCI FINANCE LTD vs MS AVIOM INDIA HOUSING FINANCE PRIVATE LIMITED & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th FEBRUARY, 2025 IN THE MATTER OF: + CS(COMM) 1206/2024 STCI FINANCE LTD .....Plaintiff Through: Mr. Sandeep Sethi, Sr. Advocate & Mr. Asim Vachhar, Sr. Advocate with Mr. Atul Sharma Mr. Abhishek Aggarwal, Mr.Abhinav Mukhi, Mr. Abhishek Srivastav, Mr. Shantanu Tomar, Advs. versus MS AVIOM INDIA HOUSING FINANCE PRIVATE LIMITED & ORS ......Defendants Through: Mr. Amarjit Singh Chandhiok, Senior Advocate with Ms. Pooja Mahajan, Mr. Karan Singh Chandhiok, Mr. Rahul Narayan, Mr. Mehul Parti, Ms. Harshita Malik, Mr. Gyanendra Singh, Ms. Nancy Patel, Advocates for D-1 & D-2 Mr. Chandrashekhar Chakalabbi and Mr. Varnik Kundaliya, Advs for Defendant No. 5/ICICI. Ms. Neelam Rathore, Advocate for D-7 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 274/2025 1. The present Application has been filed by the Defendants No.1 & 2 seeking vacation of interim relief granted to the Plaintiff by this Court vide Order dated 24.12.2024. Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CS(COMM) 1206/2024 Page 1 of 9 Signing Date:18.02.2025 20:06:28 2. The present Suit is one for a decree of permanent injunction in favour of the plaintiff and against Defendants No. 1 & 2 restraining the Defendants No.1 & 2, their respective representatives, attorneys, assignees, servants or anybody else acting for and on their behalf from selling, transferring, conveying, creating any third party interest of any nature or otherwise dealing with the whole or part of receivables hypothecated/charge by the Defendant No 1 in favour of the Plaintiff till the recovery and realization by the Plaintiff of entire amount outstanding under the loan facility agreements. The Plaintiff has also sought for a decree of permanent injunct