1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.242 OF 2007 IN SUIT NO.73 OF 2007 Housing Development Finance Corpn. Ltd. ...Plaintiffs Vs. Vikram Mohanlal Shah & Ors. ...Defendants Ms.Nanta Shah i/b. M/s. Murti & Asso., for Plaintiff No.1 None for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 27TH MARCH, 2008 P.C. 1. The Plaintiff's suit is upon a loan agreement executed by the Defendant. Court Receiver has been appointed. Defendant No.1 was seen to be in possession. The Court Receiver was directed to take formal possession. It is now stated that another party one Mrs. Madina Rasood Shikalgar, who is not one of the Defendants, is found to be in possession. The Court Receiver has taken formal possession of the Suit premises on 10.01.2008. The said party has been appointed agent of the Court Receiver. 2. The Defendants are not found in possession. Hence, 2 this Notice of Motion against the Defendants does not survive. 3. The Court Receiver shall execute the Agency Agreement with the 3 rd party upon the usual terms and conditions. It is clarified that since the 3rd party is not the Defendant in the Suit but has been inducted by the Defendant No.1 who was in possession of the suit premises, she shall continue as the agent of the Court Receiver only upon payment of the usual charges which the Court Receiver shall consider and make a report to the Court. 4. The Notice of Motion is infructuous and disposed off accordingly. (SMT. ROSHAN DALVI, J.)