-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of motion no. 1529 of 2006 in Suit no. 1316 of 2006 PJL Clothing (India) Ltd. : Plaintiffs v/s 1. Maharaja Handicrafts Private Ltd and ors. : Defendants Mr. D’Lima i/b M.s D’lima and asso.for plaintiff Mr. K. Jagore i/b Vikram Philip and ass.for defendant Coram : S.J. Kathawalla, J. Date : 14.11.2008 P.C. . The present suit is filed by the plaintiffs to recover an amount of Rs. 8133980/- from the defendants. It is the plaintiffs’ case that the defendants for the purpose of securing the funds advanced by the plaintiffs to the defendants had mortgaged the immovable property (land) belonging to the defendant no. 3 which property is described in the 2nd Schedule of Ex. E to the plaint. . The present notice of motion is for appointment of court receiver in respect of the mortgaged land and for injunction against the defendants restraining them from in any manner dealing with disposing of or alienating or creating any right -2- or interest or parting with possession of the said mortgaged land. . The defendants are only disputing the interest amount claimed by the plaintiffs. An ad- interim order dated 5.5.2006 in terms of prayer clause (b) of the Notice of Motion is already inoperation. Both the parties state that they are willing to amicably settle the dispute regarding the dispute over the interest amount charged by the defendants to the plaintiffs. Parties have through their respective Advocates agreed that pending the hearing and final disposal of the suit the notice of motion be made absolute in terms of prayer clause (b) except bracketed portion i.e. the words "dealing with". Notice of Motion is accordingly made absolute in terms of prayer clause (b) except the words "dealing with". There will be no order as to costs. (S.J. Kathawalla,J.)