1 Nm334-07 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 334 OF 2007 IN SUIT NO. 3607 OF 2006 UCO Bank ... Plaintiffs. V/s. Abhiraj Nand Prasad & Ors. ... Defendants. Ms. M.R. Patel for Plaintiffs. None for Defendants. CORAM : A.A.SAYED, J. DATE : 11th FEBRUARY, 2011 P.C. By an order dated 21.7.2008 this Court has passed the following common order in Notice of Motion No. 1722 of 2008 and 1726 of 2008 in the above suit No. 3607 of 2006. “P.C. : 1. Admittedly the applicants in both the notices of motion were in possession prior to the appointment of the Court Receiver. It is not necessary at this stage to consider the rival contentions between the Plaintiffs and the Applicants qua the suit flats. It is necessary 2 Nm334-07 for the Plaintiffs by adopting appropriate proceedings to take action in respect of the suit flats even against the Applicants. 2. In the circumstances, the Notices of Motion are disposed of by the following order:- (a) The Court Receiver shall continue as the Receiver of the flats in both the Notices of Motion. The Applicants shall be appointed as the agents of the Court Receiver but without security or royalty at this stage. (b) This order will not affect the rights of the Plaintiffs to adopt appropriate proceedings against the Applicants in both the Notices of Motion in respect of the suit flats.” 2. The said order dated 21.7.2008 shall operate in this motion as well, during the pendency of the suit. 3. The notice of motion is disposed of accordingly. (A.A.SAYED, J.)