: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2690 OF 2006 NOTICE OF MOTION NO.2690 OF 2006 NOTICE OF MOTION NO.2690 OF 2006 IN IN IN SUIT NO.2097 of 2006 SUIT NO.2097 of 2006 SUIT NO.2097 of 2006 Central Bank of India .. Plaintiffs. Versus Mrs.Sarita Shankar Sawant & Ors. .. Defendants. Mr.T.N.Tripathi for plaintiffs. Mr.A.N.Maniyar for defendant Nos.1 to 4. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 31st July, 2008. DATE : 31st July, 2008. DATE : 31st July, 2008. P.C. :- P.C. :- P.C. :- 1. A Notice of Motion was taken out and ad-interim receiver was appointed during the time when defendants 2 and 3 had died. On the last occasion, a formal order is passed and as a result of which, the suit has abated sofar as defendant Nos.2 and 3 are concerned as they died in the year 2006 and no heirs are brought on record. : 2 : 2. Learned Advocate Mr.Tripathi appearing for plaintiffs submitted that a perusal of the order dated 24.4.2008 goes to show that the estate of defendant Nos.2 and 3 is represented by persons who are already on record and attending to the suit and, therefore, this motion can be taken up for hearing even though heirs of defendant Nos.2 and 3 are not brought on record. 3. I have considered the submission of Mr.Tripathi. Such a request cannot be granted. The suit sofar as defendant Nos.2 and 3 are concerned, is abated. Unless and until the heirs of defendant Nos.2 and 3 are brought on record, no interim proceedings can be filed or entertained. 4. In the present case, now that the plaintiffs intend to take out appropriate proceedings to bring heirs of defendant Nos.2 and 3 on record and ad-interim receiver is already appointed, I am inclined to observe that this ad-interim receiver can be continued for a reasonable time to enable the plaintiffs to take out a fresh proceedings. In view of the above observation, the notice of motion will have to be disposed off accordingly. : 3 : 5. For the reasons mentioned aforesaid, I pass the following order :- O R D E R O R D E R O R D E R a) The notice of motion does not survive in view of death of defendant Nos.2 and 3 and, in particular, when their heirs are not brought on record. b) Ad-interim receiver granted earlier to continue till 30.9.2008. c) Liberty is granted to the plaintiffs to apply for interim relief if at all and as and when heirs of defendant Nos.2 and 3 are brought on record. d) There shall be no order as to costs. 6. Suit to be shown under the column "For Directions" on 15.9.2008. : 4 : (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)