1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1100 OF 2009 IN SUIT NO.3108 OF 2007 Chandrabala Laxmidas Jobanputra & Anr. ..Plaintiffs. Vs. Narottam Laxmidas Jobanputra & Ors. ..Defendants. And Dena Bank ..Respondent. Mr.P.M.Shah for the Plaintiffs. Mr.A.A. Bamne for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 23RD JULY, 2009 P.C. :- The Plaintiffs have taken out this Chamber Summons to implead the Respondent – Dena Bank as Respondent no.6. 2. By an order dated 18.12.2006 Defendant nos.1 and 2 were restrained from disposing of or dealing with and/or creating any third party interest or encumbering or mortgaging or disturbing the possession of the Plaintiffs inter-alia in respect of flat no.6 in a building known as Mahavir Darshan Co-operative Housing Society Ltd. The ad- 2 interim order was confirmed at the final hearing of the Notice of Motion by an order dated 7.8.2008. 3. Despite the above orders, Defendant nos.1 and 2 have purported to create a mortgage in favour of Respondent no.6 on 28.9.2007 i.e. during the pendency of the above orders. Indeed, it is contended on behalf of the Respondent that the mortgage was created by them without their having the knowledge of the above orders. 4. The Respondent has further submitted that this Court has no jurisdiction to try this dispute in view of the provisions of the Securitization Act under which, and in particular section 13 thereof, action has already been taken. 5. The effect of the above orders on the mortgage is a question, which would be decided at the hearing of the suit or at the hearing of any further interim application in the present proceedings. 6. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a) subject to the above clarification. 7. It is however made clear that this order is without prejudice to the rights and contentions of both the parties to make any application before the Debt Recovery Tribunal.