acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2258 OF 2007 IN SUIT NO. 953 OF 2007 Bank of India …Plaintiff. Vs. Shri Chintaman G. Gharat & Ors. …Defendants. --- Mr. S.A. Bhagwat i/b V.M. Abhyankar, for the Plaintiff. ---- CORAM: S.J. VAZIFDAR, J. DATED: 31 ST AUGUST 2009 P.C.: 1. This is a usual bank suit to recover a sum of Rs.4,31,137/-. The amount is due in respect of a cash credit facility granted by the Plaintiff to the Defendant nos.1 and 2. Defendant no.3 is a guarantor. 2. Defendant nos.1 and 4 mortgaged their flats and the land upon which the building in which the flats are situated is constructed. Thus, the land and the said flats are mortgaged. 3. Prima facie, it appears that the loan was advanced and has not been repaid. The mortgage is valid. 4. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). Inadvertently prayer (b) mentions Exhibit ‘A’ to the plaint instead 1 of Exhibit ‘N’. Prayer (b) shall accordingly apply to and be in respect of Exhibit ‘N’ to the plaint. 5. The Notice of Motion is accordingly disposed of. 2