1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 2120 OF 2008 IN SUIT NO. 1141OF 2008 UCO Bank .. Plaintiff Vs. Ramgovind Avadhnarayan Chourasia & 2 Ors. .. Defendants. Mr. Kezer Kharawala i/b R. K. Associates for the Plaintiff. None for the Defendants. CORAM : MRS. R. S. DALVI, J. DATE : 23rd April, 2010. P.C. 1. Defendant Nos.1 & 2 applied for and obtained housing loan from the plaintiff Bank. Defendant No.3 guaranteed the loan. Defendant Nos.1 & 2 executed all the usual documents with the Bank including the Memorandum of Entry under which the flat of defendant Nos.1 & 2 being Flat No.10 on the 1st floor of Kamdhenu Co- operative Housing Society was mortgaged. The original Agreement for Sale dated 22.01.2004 between M/s. Neha Developers and defendant No.1 came to be handed over as a Title Deed to the Bank. Accordingly a mortgage came to be created. The Bank has sued for recovery of the unpaid balance amount. Defendant Nos.1 & 2 have filed their affidavit. The receipt of the loan is not denied. In fact Rs. 12,000/- they paid to the plaintiff Bank are stated not to 2 have been shown in the account made by the plaintiff Bank. The defendants have disputed the rate of interest. The rate of interest would be ascertained and calculated in the suit. The defendants’ contention that the mortgage is not registered is redundant in view of the fact that the Title Deed is deposited with the plaintiff Bank. 2. Since it is a housing loan, the only security of the plaintiff Bank is the flat for which the Title Deed is given to the plaintiff Bank. Case for appointment of Receiver as well as for injunction is made out. The Receiver is appointed in respect of the flat of defendant Nos.1 & 2 being Flat No.10 on the 1st floor of Kamdhenu Co-operative Housing Society on Plot No.41 at village Achole, Taluka-Vasai, District- Thane. The defendants shall be allowed to be agents of the Court Receiver upon the usual terms fixed by the Court Receiver. The royalty fixed by the Court Receiver shall be paid by the plaintiff and credited to the account of the defendants in respect of the loan. The defendants shall not deal with, sell, transfer, dispose of, part with possession, alienate, create any third party right, encumber the suit flat pending the suit. 3. The Notice of Motion is disposed of accordingly. (R. S. DALVI, J.)