1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2582 OF 2006 IN SUIT NO.2141 OF 2006 Housing Development Finance Corporation Limited .. .. .. Plaintiffs v/s. Mr.Ganapathy Muthu Kumar & Ors. .. Defendants Mr.Vishal Kanade with Mr.M.S.Delvi i/by M/s.Negandhi, Shah & Himayatullah for Plaintniffs. Mr.Mayur Shetty i/by M/s.M.V. Kini & Co. for Deft.No.4. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 10th JUNE, 2009 P.C.: 1.Defendant No.3 is served. Packet sent to Defendant No. 3 has been returned unclaimed. Defendant Nos.1 and 2 could not be served as they are stated to have left the suit premises. The Plaintiffs tender an Affidavit of service showing Defendant Nos.1 and 2 having left the suit premises and Defendant No.3 having been served. The Affidavit of service is taken on record. 2.Upon taking instructions from the officer of the Plaintiffs, who is present in Court, Mr.Kanade seeks to 2 withdraw the Notice of Motion against Defendant Nos.1 and 2. The Notice of Motion is allowed to be withdrawn against Defendant Nos.1 and 2. 3.Defendant No.4 is another Bank. Defendant No.4 has obtained certain orders under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Plaintiffs and Defendant No.4 have agreed to sell the suit premises which has been mortgaged to the Plaintiffs as well as Defendant No.4 and in respect of which, securitisation proceedings have been initiated. 4.An earlier order to that effect came to be passed by Justice Vazifdar on 23.8.2007. It is agreed that, that order shall be acted upon and complied by the Plaintiffs as well as Defendant No.4. 5.The Plaintiffs and Defendant No.4 shall be entitled to act upon the order dated 23.8.2007. 6.The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)