1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.192 OF 2009 IN SUIT NO.3431 OF 1994 Life Insurance Corporation of India Plaintiff versus Harilal Kumar Pottah and another Defendants Mr.O.Mohandas i/by Little & Co. for plaintiff in support of Motion. Mr.V.S.Pandey i/by E.K.Sasidharan for defendants. CORAM : S.J.KATHAWALLA, J. DATE : 3rd February 2011 PC : 1. By this Notice of Motion the plaintiff Life Insurance Corporation of India (LIC) seeks expeditious hearing of the above suit. The present suit is filed by the LIC for the recovery of LIC's dues of Rs.2,00,070=25 Ps. in respect of loan and for enforcement of the security of mortgage created in favour of the LIC described in Exhibit-B to the plaint. In addition to the deposit of title deeds, the defendants had also assigned and pledged in favour of the LIC certain life insurance policies which according to the LIC have lapsed since the defendants failed to pay the premium of the life insurance policies since the year 1993. It is submitted on behalf of the LIC that if the suit is not expedited, public money would be lost. 2. Though on LIC's own showing, a plot of land at Chembur admeasuring 236.00 sq.mtrs. is mortgaged to the LIC, the plaintiff has not taken out any application seeking ad-interim/interim reliefs for protection of the said mortgaged property in the last more than 15 years. Even today, the learned advocate for the plaintiff is unable to tell the Court as to 2 what is the value of the land mortgaged to the LIC by the defendants. Again since the year 1993 the LIC is aware that the policies pledged by the defendants have lapsed but LIC has sought expidition of the suit on that ground only in the year 2009 i.e. after 15 years. Such irresponsible conduct of LIC deserves to be deprecated. In the above stated facts and circumstances there is no substance in the submission of the advocate on behalf of LIC that if the hearing of the suit is not expedited, public money will be lost. 3. The Notice of Motion is therefore dismissed. Office to place the suit for hearing and final disposal in normal course. (S.J.KATHAWALLA, J.)