-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.90 OF 2006 In SUIT NO.580 OF 2005 State Bank of India : Plaintiff V/s. Bhavani Shankar Gupta & Ors. : Defendants ... Mr.Abdullzatif N. Patel i/b. M/s.H & M Legal Associates for the plaintiff. None present for the defendants. ... CORAM : S.A.BOBDE, J. DATE : JANUARY 29, 2007. P.C. 1. None appears for the defendants. Perused the affidavit of service dated 22.8.2006. In these circumstances, the defendants are taken to be served. 2. By this Notice of Motion, the plaintiff-Bank has sought the appointment of the Receiver in respect of the property described in exh.‘A’ to the plaint. The title deeds of the said property are said to be deposited with the plaintiff. According to the plaintiff, the defendants -: 2 :- have availed of a housing loan of Rs.8,24,000/- for the purpose of purchasing immovable property. They agreed to re-pay jointly and severally the amount of loan with interest at 9.5% per annum in equated monthly instalment of Rs.8,816/-. The defendants have also executed a Memorandum of Term Loan Agreement for housing loan granted to public. The suit is filed after recalling the loan by notice dated 1.2.2005. 3. Apparently, the defendants appeared to be evading service. According to the plaintiff, if the property in question is not protected, the security of the Bank will be lost. Since there is no opposition to the averments, I hereby grant the Notice of Motion in terms of prayer clause (a), except the bracketed portion, pending decision in the suit. Prayer clause (a) reads thus:- "(a) that pending the hearing and final disposal of this suit, the Court Receiver, High Court, Bombay or some other fit and proper person be appointed as Receiver of the immovable property described in Exhibit ‘A’ annexed to the Plaint, with all powers under Order XL Rule 1 of the Code of Civil Procedure, 1908." -: 3 :- S.A. BOBDE, J.