NMS1168-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1168 OF 2009 IN SUIT NO.668 OF 2009 Brijlal Menghraj Ahuja .. Plaintiff Versus Prithviraj K. Bahl and Anr. .. Defendants Mr.S.R.Saudagar for plaintiff None for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2010. P.C.: 1] Defendants are husband and wife. Plaintiff is stated to have given a loan to the defendant No.1 for purchase of suit flat. It is stated that there was mortgage created in respect of the flat. That was a mortgage in favour of a nationalised bank. Defendant No.1 had stated that he and plaintiff would exchange the flats and that is how plaintiff became member of Flat No.701 and defendant became member in respect of flat No.A-603. There are cordial relations, therefore, and NMS1168-09 2 on account of business losses, the loan was given to the first defendant by the plaintiff and in order to create security for due repayment of the loan, title deeds in respect of the flat were handed over to the plaintiff. That is in order to create charge in respect of the same as set out in para 6. The apprehension of the plaintiff is, to defeat this charge, first defendant has transferred his flat in the name of his wife – second defendant. The society has been informed about such mutual transfer but suppressing plaintiff’s claim in relation to the flat. Therefore, there is apprehension that the property/ flat may be further dealt with. 2] Defendants are duly served and there is appearance filed on behalf of defendant No.1. Defendant’s name is duly shown on board. There is no reply filed. Considering that there are no denials of the averments and allegations in the plaint and prima facie case is made out for grant of interim relief, notice of motion is made absolute in terms of prayer clause (a). No costs. (S.C.DHARMADHIKARI, J)