IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 643 OF 2006 IN SUIT NO. 195 OF 2006 Bank of Baroda.... ...... ......Plaintiff. V/s M/s.Ekta Exports & Ors. ...... .Defendants. Ms.Janhvi Durve i/by M/s.K.Asher & Co., Adv. for the plaintiff. Ms.U.K.Shrivastava i/by M/s.Consulta Juris, Adv. for the defendant Nos. 1, 5 to 9.. CORAM: A.P.DESHPANDE, J. 5/6/08 PC: The plaintiff instituted a suit against the defendants for recovery of amount of Rs.4,35,000/-. Defendant No.1 is a partnership firm of which defendant Nos. 2 to 7 are partners. For the purpose of its business defendant No.1 and its partners had borrowed certain amount from the plaintiff-bank and to secure repayment of the amount so advanced the defendant No.8 has stood as guarantor. Defendant No.9 is the mortgagor whose property has been mortgaged in favour of the bank. Whereas defendant No.10 is the guarantor. Pending the suit this notice of motion is taken out for appointment of the Court Receiver in relation to the immovable property described in 1 Ex.A-2 so also for taking possession of the hypothecated goods described in Ex.A-1 to the plaint. The other prayer is to restrain the defendants by an order of injunction from alienating and/or creating third party interest or parting with possession of property described in Ex.A-2 to the plaint. Ad-interim order came to be passed on 9.10.06 in favour of the plaintiff granting said relief. Learned counsel for the defendants 1 and 5 to 9 has no objection for confirming the ad- interim order. However it is submitted that in the event if the defendants deposit entire money covered by the suit liberty be granted to the defendants to move an appropriate application for revocation of order appointing the Receiver. Learned counsel for the plaintiff has no objection for granting said liberty. In the result allowing the notice of motion ad-interim order dated 9.10.06 is made absolute. The defendants are granted liberty to take out appropriate motion for revocation of this order after payment of entire amount covered by the suit to the plaintiff or its deposit in the Court. Notice of motion stands disposed of accordingly. 5.6.08 2