acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 488 OF 2007 IN SUIT NO. 187 OF 2007 Housing Devp. Finance Corp. Ltd. ...Plaintiff. V/s. Ashok Vinyak Keni & Ors.. ....Defendants. --- Ms. Mamta Shah i/b M/s Murti & Assoc., for the Plaintiff. Mr.Piyush Shah, for Defendant No.4. --- CORAM : S.J. VAZIFDAR, J. DATED : 7TH AUGUST, 2009. P.C. :- 1. Prima facie, the Plaintiff has a valid security over the suit flat. The security was created by Defendant no.1 in respect of the loan granted to him by the Plaintiff. Today Defendant no.4 is in possession of the suit flat. According to Defendant no.4 she has purchased the said suit flat from the builder and that she is a bonafide purchaser without notice of the Plaintiff’s alleged right. The ICICI Bank has granted a loan to Defendant no.4 for purchase of the said flat. : 2 : 2. In the facts and circumstances of the case, the ends of the justice will be met by the following order:- i) The Court Receiver, High Court, Bombay is appointed as the Receiver in respect of the suit flat; ii) The Court Receiver shall, however, permit Defendant no.4 to remain in possession of the suit flat as the agent of the Court Receiver, but without security or royalty; iii) The Court Receiver shall not affix the possession board outside the suit premises. iv) Defendant no.4 agrees and undertakes not to part with possession, encumber or create any third party right in respect of the said flat. 3. The Notice of Motion is accordingly disposed of.