- 1 - 902.nms.2008.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2008 OF 2011 IN SUIT NO.3106 OF 2010 M/s. Rohit & Company ..Plaintiff -Versus- M/s.S.S. Engineers & Anr. ..Defendants .......... Mr.S.K.Jain a/w. Mr.Siddharth Murarka for the Plaintiff. Ms.Meena Kshirsagar a/w. Mr.Avihash B. Avhad for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 8TH SEPTEMBER 2011. P.C. 1 The Notice of Motion has been taken out by the defendants seeking the permission of this Court to sell one of the properties which has been ordered to be attached and to appropriate the sale proceeds with the Oriental Bank of Commerce in discharge of the loan. 2 It is not possible to permit the defendants to sell the property themselves. It is necessary to safeguard the interest of the mortgagee and the plaintiff. - 2 - 902.nms.2008.11 3 In the circumstances, the Notice of Motion is disposed of with no order except that the defendants are at liberty to file a fresh Notice of Motion for the same reliefs after giving the notice to the Oriental Bank of Commerce. In that event, the Court may consider the sale of the property through the Court. 4 The defendants shall pay the costs of Notice of Motion No.3554 of 2011 of Rs.10,000/- within eight weeks from today. -