1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.353 OF 2010 IN SUIT NO. 03 OF 2008 M/s. Bhoomi Tej Realtors ...Plaintiffs Vs. Raoji Y. Shahade & Ors. ...Defendants And Bank of Baroda ...Respondent Mr. Shailesh Shah, Advocate i/b. Khona & Kayser for Plaintiffs Mr. S. Lambay, Advocate i/b. Lambay & Co. for Defendants 1 and 2 Ms. Yasmin E. Tavaria, Advocate for the Defendant No.7 Mr. A.B. Shinde, Advocate for Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 22ND MARCH, 2010 P.C. : 1. The Plaintiffs desire to amend the plaint to add subsequent events on record. The Plaintiffs also desire to have interim reliefs of injunction and the relief of interim injunction is pressed on the footing that a mortgage has been executed by the original owner/the constituted attorney of the original owner in favour of two banks Central Bank of India and Bank of 2 Baroda. 2. The Plaintiffs executed an agreement for sale on 26th August 2003.The property which was agreed to be sold to the Plaintiffs came to be conveyed to Defendant No.7 on 25th October 2005. This Suit came to be filed on 26th December 2007. The entire property was already conveyed to Defendant No.7 prior to the filing of the Suit. 3. The mortgage came to be executed in favour of Central Bank of India on 28th February 2005. 4. The lis-pendense notice was registered on 28th January 2008. 5. For the mortgage executed prior to the filing of the Suit the Plaintiffs’ claim in the Suit would have to be considered at the final hearing. Another mortgage is also stated to be executed. That would be similarly considered. 6. The Plaintiffs did not apply for interim reliefs after the filing of the Suit. This was because the entire property was conveyed prior to the filing of the Suit. The Plaintiffs’ right, after the conveyance came to be executed 2 years prior to the filing of the Suit, shall be decided in the Suit. In the meantime the mortgages remain at that. 7. Consequent upon the mortgages the Respondent bank has taken the steps under the Securitisation Act. Those are separate proceedings. Since the Plaintiffs did not obtain any interim relief upon the mortgage created even 3 prior filing of the Suit, the consequent act of the Banks upon a mortgage after the filing of the Suit cannot allow the Plaintiffs to be granted any interim relief pending the Suit. Hence the application for any interim relief is refused. 8. The Plaintiffs shall amend the plaint within 2 weeks from today. 9. The Plaintiffs shall also amend the copies of the plaint served upon the Defendants within 2 weeks. 10.S.O to 19th April, 2010. (SMT. ROSHAN DALVI, J.)