IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1404 OF 2002 IN SUIT NO.1653 OF 2002 Tata Engineering & Locomotive Co.Ltd.. Plaintiffs Vs. Shailendra Chauhan & Anr. .. Defendants Mr.Gaurav Joshi with Mr.Avinash Joshi and Mr.D.D.Mehta i/b Mulla and Mulla & Craigie Blunt and Caroe for the plaintiffs CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 18TH AUGUST, 2005 DATED : 18TH AUGUST, 2005 DATED : 18TH AUGUST, 2005 P.C.: 1. By the present Notice of Motion, plaintiffs are seeking that the Court Receiver be appointed Receiver of the Vehicle described in Exhibit ’G’ to the plaint which was given on hire purchase to the defendants with the power of sale. 2. Notice of Motion is served on the defendants. Affidavit of service dt.13.3.03 is filed. From the perusal of the record, it is clear that there was Hire Purchase Agreement between the plaintiffs and the defendants dt.22.4.98 wherein the said vehicle was given to the defendants. The defendants is not contesting the present motion. In view thereof, motion is made absolute in terms of prayer clause (a). However, it is clarified that the net sale proceeds thereof be deposited in court by the Court Receiver which will be invested by the Prothonotary & Senior Master, High Court, Mumbai initially for a period of one year and renew the same from time to time till further orders.The learned counsel for the plaintiffs states that the writ of summons are also served on the defendants and Vakalatnama is not filed. In view thereof, suit No.1653 of 2002 be placed for ex-parte decree before the appropriate court. Motion disposed of accordingly. No order as to costs.