1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.534 OF 2009 IN SUIT NO. 946 OF 2006 Vatsala N. Vasaokar .... Plaintiffs vs Bhimabai C. Mhatre & ors. ... Defendants Mr. S.S.Redekar for the plaintiffs. Mr. Kunal Damle i/b.A.G.Damle for the applicant. Mr. R.Y.Sirsikar for defendants 2 and 3. Ms. Uma Palsuledesai, AGP for defendant no.4. CORAM: ANOOP V. MOHTA, J. DATE : 22nd July, 2009 P.C.: 1 Admittedly, when order of 26.08.2008 was passed, defendant no.1 was not present. The order was passed on the foundation that defendant no.1 who is contesting defendant in the Suit filed by the plaintiff for declaration of the registered Gift Deed in favour of the defendant to be null and void. In my view, defendant no.1 is the person interested in all respects. 2 Without observing much on the merits of the matter, I am inclined to grant this Motion, in the interest of justice to give full opportunity to defendant no.1 to contest the motion of appointment of Receiver, pending the Suit as referred above. It is made clear that the injunction already granted against defendant no.1 shall 2 continue till the decision in Notice of Motion No.1070/06. This impugned order dated 26.08.2008 in Notice of Motion No.1070/06 is set aside. The Notice of Motion No.1070/06 is restored to file. However, it is made clear that subject to cost of Rs.2,000/- to be paid within one week. 3 The above notice of motion is allowed only to the above extent. Notice of Motion No.1070/06 be listed for hearing after three weeks. Defendant no.1 to file reply, if any, in the meantime. (ANOOP V. MOHTA, J.)