1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.606 OF 2007 IN SUIT NO.269 OF 2007 UCO Bank ....Plaintiff V/s. Suman C. Luthra & Ors. ....Defendants Mr.M.R. Patel for the Plaintiff. Dr.Mr.M. Shah Alam Khan for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATE : 25TH AUGUST, 2009. P.C. :- 1. This is a usual bank suit for recovery of the amounts due under the facility granted by the Plaintiff to Defendant No.1. Defendant No.2 is the guarantor. 2. To secure the repayment of the amounts due by Defendant No.1 to the Plaintiff, a mortgage has been created in respect of a flat being flat No.C/602, first floor, Sea Rock Plaza, Navi Mumbai. At the request of Defendant No.1, the consideration was forwarded by the Plaintiff to Defendant No.3 directly. It appears that Defendant No.3 has not even handed over possession of the said flat to Defendant No.1. 3. In the circumstances, the Plaintiff is entitled to the appointment of the Court Receiver in respect of the said flat. The other properties referred to in prayers (1) and (2) of the Notice of Motion admittedly belong to Defendant 2 No.1. Defendant No.1 states that she will not dispose of, alienate, encumber, part with possession of or create any third party right, title and interest in, to, upon or in respect of the properties referred to in the Notice of Motion without the leave of the Court. The undertaking is accepted. 4. The learned counsel appearing on behalf of Defendant No.1 states that certain encumbrances have already been created in respect of these properties. Defendant No.1 shall disclose any such encumbrances on the said properties created prior to the date of this order on an affidavit on or before 14.9.2009 and shall serve a copy thereof on the Plaintiff’s advocate. Liberty to the Plaintiff to apply. 5. The Notice of Motion is made absolute in terms of prayer (1) except the portions bracketed in red. The prayer as amended therefore shall read as under :- “(1) That pending the hearing and final disposal of the suit, the Court Receiver, High Court, Bombay or some other fit and proper person be appointed as a Receiver with power to sell and dispose of the immovable properties described in Ex-B and B-1 to the plaint situated at Flat No.C-102, 1st Floor, Sea Rock Plaza, Plot No.A-26, A-27, A-28, Sector-19, Kopar Khairane, Navi Mumbai with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908 and sale proceeds handed over to Plaintiffs towards satisfaction of debts.” 6. The Notice of Motion is accordingly disposed of.