1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1076 OF 2008 IN SUIT NO.1980 OF 2004 Central Bank of India ....Plaintiff V/s. Parshuram K. Jadav & Ors. ....Defendants Mr.O.A. Das for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 2ND DECEMBER, 2009. P.C. :- 1. The suit is filed to recover the housing loan granted by the Plaintiff to the Defendants and for an enforcement of the equitable mortgage created over the suit flat as security for the repayment of the said loan. 2. There is no affidavit in reply. The Defendants are absent. 3. Defendant No.1 is the borrower. Defendant Nos.2 and 3 are the guarantors. The documents on record establish that the loan was disbursed by the Plaintiff in favour of Defendant No.1, who has availed of the same. The record further establishes that the loan has not been repaid. The equitable mortgage is also established. Despite requests, the Defendants have not repaid the loan. 4. In the circumstances, the Notice of Motion is made absolute in 2 terms of prayer (a). The Court Receiver shall however not dispossess Defendant No.1 who appears to be in possession but shall appoint him as his agent on the usual terms and conditions including as to security and royalty. In the event of Defendant No.1 not accepting the agency, the Court Receiver shall appoint any third party as his agent on the usual terms and conditions after inviting the bids. In that event, Defendant No.1 is also at liberty to bid for the agency of the Court Receiver. 5. Till the Court Receiver takes possession, the Notice of Motion is made absolute in terms of prayer (b). 6. The Notice of Motion is accordingly disposed of.