-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISICTION NOTICE OF MOTION NO. 3638 OF 2006 IN SUIT NO. 2873 OF 2006 WITH NOTICE OF MOTION NO. 1112 OF 2006 IN SUIT NO. 2873 OF 2006 M/s. Housing Development Finance Corporation Ltd. ..... Plaintiffs. Vs. Koli Govind Shamingel and ors. ..... Defendants. Ms. Asha Nair i/by Mahesh Menon & Co. for the plaintiffs None for the defendant. CORAM : A.A.Sayed, J. DATE : July 1, 2009. P.C.:- 1. In Notice of Motion No. 3638 of 2006, ad-interim order was granted in favour of the plaintiffs in terms of prayer clause (a) and (b) except the words bracketed in red. By this order, the Court Receiver was appointed and it was directed that the Court Receiver shall take possession of the suit premises and appoint defendant No.1 as his agent without security. 2. It appears that the Court Receiver could not take possession of the suit premises as the suit premises was found locked. Thereafter Notice of Motion -2- No. 1112 of 2007 was taken out by the plaintiffs contending that since the Court Receiver could not take possession of the suit premises which was found locked, the court may direct the Court Receiver to take physical possession of the suit premises by breaking open the lock and further to grant permission for sale of the suit premises. 3. The learned Counsel for the plaintiffs states that defendant No.1 is not occupying the suit premises and is avoiding service and inspite of the efforts by the Court Receiver, possession of the suit premises could not be taken. The learned counsel states that service is complete by adopting the mode of substituted service. The learned Counsel prays that the Court Receiver may now be permitted to take forcible physical possession of the suit premises by breaking open the lock and further the Court Receiver be permitted to sell the suit premises and the sale proceeds may be allowed to be kept with the plaintiffs. 4. Considering the facts and circumstances of the case, subject to what is stated herein below, I am inclined to confirm the ad-interim order dated 18th October, 2006 passed in Notice of Motion No. 3638 of 2006. I am also inclined to allow the Court Receiver to take physical possession of the suit -3- premises by breaking open the lock and taking inventory etc. as prayed in prayer (a) of the Notice of Motion No. 1112 of 2007, if the suit premises are found locked. I am, however, not inclined to grant prayer (b) of the said Notice of Motion in respect of of sale of the suit premises at this interim stage. It is however made clear that the Court Receiver shall not disturb the possession of the defendants and/or third party found in occupation of the suit premises, if it is found that they are occupying the suit premises on his visit. 5. The Notice of Motion No. 1112 of 2007 is accordingly allowed in terms of prayer clause (a) subject to the above i.e. the directions in respect of defendants/3rd party found in occupation of the suit premises. Prayer (b) which is in respect of the sale of the suit premises, is rejected. 6. It is to be noted that suit has already been transferred to the list of undefended suits and, therefore it would be open to the plaintiffs to move the court for exparte hearing of the suit. 7. Liberty is also granted to the defendants/3rd party, to apply for vacating the reliefs granted herein above. 8. Both the Notices of Motion to stand disposed of in the aforesaid terms. [A.A.Sayed, J.]