: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3721 OF 2006 NOTICE OF MOTION NO.3721 OF 2006 NOTICE OF MOTION NO.3721 OF 2006 IN IN IN SUIT NO.2780 OF 2006 SUIT NO.2780 OF 2006 SUIT NO.2780 OF 2006 M/s.Housing Development Finance Corporation Ltd. .. Plaintiffs. Versus Jagtap Shilratna Balram & Ors. .. Defendants. Mr.S.A.Oak i/b.Mahesh Menon & Co. for plaintiffs and applicant in support of notice of motion. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 14th November, 2008. DATE : 14th November, 2008. DATE : 14th November, 2008. P.C. :- P.C. :- P.C. :- 1. Plaintiffs’ Advocate has taken out this motion for injunction against defendants restraining them from creating third party rights etc. in regard to the suit premises. 2. By prayer clause (b), plaintiffs want that defendants should furnish the security to protect the interest of the plaintiffs. By prayer clause (c), plaintiffs have prayed for an appointment of the Court Receiver. Ad-interim relief in terms of prayer clause (c) except bracketed portion has been granted. : 2 : 3. This court is informed that the Court Receiver has taken possession of the suit flat on 17.3.2007. If this is the position, I see no difficulty in granting relief to the plaintiffs in terms of prayer clause (c) except bracketed portion so that the interest of the plaintiffs will be appropriately protected. Once relief in terms of prayer clause (c) is granted, there is no need to grant relief in terms of prayer clause (b). 4. Sofar as question of directing the defendants to furnish security, I am of the view that right now such a relief need not be granted as the suit premises are under the control of the Court Receiver and as such, plaintiffs’ interest is adequately protected. Hence that relief need not be granted as of today. 5. By prayer clause (d), plaintiffs want that defendants should be directed to give particulars of their assets etc. No case is made out by the plaintiffs at this stage. Hence motion will have to be dismissed insofar as prayer clause (d) is concerned. 6. By prayer clause (e), plaintiffs want that the defendants should not transfer or deal with their movable : 3 : or immovable property. Such a relief cannot be granted as it is widely provided and no case is made out in this behalf. Hence, motion will have to be dismissed insofar as prayer clause (e) is concerned. Hence the order :- O R D E R O R D E R O R D E R i) Motion is dismissed insofar prayer clause (a) is concerned. ii) Motion is dismissed insofar prayer clause (b) is concerned. iii) Motion is made absolute in terms of prayer clause (c) except bracketed portion being "and "and "and sell the same under the orders and directions of sell the same under the orders and directions of sell the same under the orders and directions of this Hon’ble court and pay net realisation thereof this Hon’ble court and pay net realisation thereof this Hon’ble court and pay net realisation thereof to the plaintiffs’ claim". to the plaintiffs’ claim". to the plaintiffs’ claim". iv) Motion is dismissed insofar as prayer clauses (d) and (e) are concerned. v) There shall be no order as to costs. : 4 : (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)