1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2430 OF 2007 IN SUIT NO. 2346 OF 2005 Moti Salim Oosman .....Plaintiff Versus K. Gopal Rao & Ors. .....Defendants Mr. B. G. Wadhawa, Advocate for the Plaintiff. CORAM : R. V. MORE, J. DATE : 18TH JANUARY, 2010. P.C. : In a suit for specific performance of an agreement, the plaintiff has taken out this notice of motion for appointment of Court Receiver and in alternative interim injunction restraining the Defendants from disposing of, transferring, selling or creating any third party interest in the suit property. 2. After hearing both sides, this Court by an order dated 6th July, 2007 passed an ad-interim order thereby directing the parties to maintain status-quo till hearing of the notice of motion. 2 3. A copy of the plaint as well as the notice of motion is already served on the Defendants and affidavit of service to that effect is also filed. Inspite of this position, the Defendants have neither filed a written statement or reply to the said notice of motion. In these circumstances, the averment made in the affidavit in support to the notice of motion since not denied is presumed to have been accepted by the Defendants. The notice of motion is therefore made absolute in terms of prayer clause (b). Sd/- (R. V. MORE, J.)