1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2437 of 2007. IN SUIT NO.1464 of 2007. M/s.Housing Development Finance Corporation Ltd. ..Plaintiff versus Mr.Ubale Vijay Dhondu & Others ..Defendants Ms.Asha Nair i/b. Mahesh Menon & Co. for the plaintiff Mr. S.R.Page for the defendant No.1 Mr.A.C.Sarkate for the defendant No.2 CORAM: S.J.VAZIFDAR, J. DATE : 7th SEPTEMBER, 2009. P.C: 1. The suit is filed to recover the housing loan granted by the plaintiff to defendant No.1 and guaranteed by defendant Nos.2 and 3. Defendant No.4 is the builder who has constructed the building in 2 which is situated the flat which has been mortgaged by defendant No.1 in favour of the plaintiff to secure the repayment of the said loan. That the loan was granted is admitted. That it has not been repaid is also admitted. The mortgage is also admitted. The fact that the construction in respect of the mortgaged premises is incomplete is irrelevant. 2. In the circumstances, following order is passed: ORDER i) The Court Receiver, High Court, Bombay is appointed Receiver of the mortgaged property with all powers under Order XL Rule 1 of the Code of Civil Procedure, 1908. ii) The Court Receiver, however, shall not sell the property at this stage. Upon the property being constructed and ready for use, the Court Receiver shall apply for directions. 3 iii) Till Receiver takes possession, order in terms of prayer (a). iv) Notice of motion disposed of accordingly.