1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4875 OF 2007 IN SUIT NO. 3506 OF 2007 Crescent Property Developers. ... Plaintiffs Vs 1. Saroj Chandrasen Ganjawalla & 24 ors. ... Defendants Mr. A.K. Bookwala, senior counsel with Mr. Sanjiv Sawant and Mr. Samir Suryawanshi i/b J.S. Chandnani for the plaintiffs. Mr. G.S. Hegde i/b G.S. Hegde & Associates for the defendants No.1 & 2. Ms. Anita Castelhino i/b M/s. Thakurdas & Madgavkar for the defendants No.l5 & 22. CORAM: S.J. VAZIFDAR, J . DATED : 7TH DECEMBER, 2009. P.C. : 1. It is not necessary to consider the appointment of a Court Receiver of the properties even to the extent of the shares of defendants No.1 to and 2 herein at this stage. This is in view of the fact that defendants No.1 and 2 herein have filed a suit being Suit No.968 of 1999 against defendants No.3 to 25 herein for partition. In a Notice of Motion being Notice of Motion 2 No.665 of 1999 taken out by the plaintiffs in that suit, by an order dated 26th June, 2002, a Court Receiver has been appointed, inter alia, of the properties which are the subject matter of the present suit. 2. In view of the appointment of the Court Receiver in that suit, the interests of the plaintiff in this suit are protected. In the event of the Court Receiver being discharged for any reason or, in the event of any of the parties making any application in relation to the properties in that suit, which are also the subject matter of the properties of this suit, the plaintiff in this suit shall be given notice forthwith. In the circumstances, the Notice of Motion is disposed of by the following order :- (i) In the event of the Court Receiver in Suit No.968 of 1999 being discharged for any reason, notice thereof shall be given to the Advocates of the plaintiff in this suit. The Court Receiver shall continue in that event for a period of four weeks from the date on which the plaintiff’s Advocate is informed. Liberty to the plaintiff to apply. (ii)Defendants No.1 and 2 not to dispose of, alienate, encumber, part 3 zwith possession of or create any third party right, title and/or interest in respect of their shares in the properties which are the subject matter of this suit without the leave of this court in this suit. 3. It is clarified that the merits of the rival contentions are kept open.