IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2393 OF 2007 IN SUIT NO.1651 OF 2007 Vijaya Bank ....Plaintiff V/s. Shashipratap R. Singh & Ors. ....Defendants Mr.K.S. Shetty for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 29TH AUGUST, 2009. P.C. :- 1. The suit is filed to recover a housing loan granted by the Plaintiff in favour of Defendant No.1 and guaranteed by Defendant No.2. Defendant No.3 is the builder who had constructed a building in which Defendant No.1 allegedly purchased the flat and mortgaged the same in favour of the Plaintiff. It appears that there are complications regarding the authenticity of the documents pertaining to the flat. In respect thereof, criminal proceedings have also been filed. 2. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). However, the Receiver shall not dispossess any third party, if found in possession. He shall appoint such third party as his agent and make a report to this Court. In that event, liberty to the Plaintiff to apply for further reliefs against such third party. 3. Till the Court Receiver takes possession, ad-interim order in terms of prayer (b). 4. The Notice of Motion is accordingly disposed of.