IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2439 OF 2007 IN SUIT NO.1659 OF 2007 M/s.Housing Development Finance Corporation Ltd. ....Plaintiff V/s. Chiviikar B. Ramji & Ors. ....Defendants Ms.Asha Nair i/b Mahesh Menon & Co. .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 to Defendant No.1 and guaranteed by Defendant No.2. The Plaintiff also seeks to enforce the security viz. by equitable mortgage in respect of the flat situated in a building constructed by Defendant No.3. 2. There is no affidavit in reply. Prima-facie at least there is nothing on record that militates against the Plaintiff’s claim in suit including in respect of the mortgage on the said flat. 3. In the circumstances, the Notice of Motion is made absolute in terms of prayer (c). However the Court Receiver shall not sell the said flat at this stage. The Court Receiver shall appoint the person found in possession of the flat as his agent subject to payment of royalty but without security. Till the Receiver takes possession, the notice of Motion is made absolute in terms of prayer (a). 4. The Notice of Motion is accordingly disposed of.