:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3607 OF 2006 IN SUIT NO.1985 OF 2004 HL Wires Pvt. Ltd. & Ors. ..Plaintiffs. Vs. Raghavendra Cans & Containers Pvt Ltd. & Anr. ..Defendants. Ms.L.D’Souza i/b.M/s.K.Ashar & Co. for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 24TH MARCH, 2008 DATED : 24TH MARCH, 2008 DATED : 24TH MARCH, 2008 P.C. : P.C. : P.C. : The suit is filed to recover an amount of about Rs.80,00,000/-. As on date, the repayment of the amount is secured by a mortgage in respect of an immoveable property. The Plaintiff is in possession of the said property as a mortgagee. 2. There appeared to be dues of the society from the Defendants in respect of the said mortgaged property. The Plaintiff seeks to negotiate the amounts demanded by the society and to pay the same without prejudice to their rights and contentions. The Plaintiff would be entitled to do so with a view :2: to preserve and protect the security/mortgaged property. However, the same shall be done without prejudice to the rights and contentions of the society. In other words, merely by virtue of this order, the rights of the society, if any, will not be affected. 3. I am not inclined to grant prayer (b) at this stage. 4. As regards prayer (c), which is for enhancement of the claim in the suit on account of the payments that may be made under this order, the Plaintiff is at liberty to adopt appropriate proceedings including by way of amendment to the suit. 5. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a) with the above clarification. 6. This order shall also apply to the amounts that may be demanded by the society in future.