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.1487 of 2006. NOTICE OF MOTION NO.1487 of 2006. NOTICE OF MOTION NO.1487 of 2006. IN IN IN SUIT NO.940 of 2006. SUIT NO.940 of 2006. SUIT NO.940 of 2006. State Bank of India ..Plaintiff versus Prakash J. Panchal & Ors. ..Defendants Ms.Shyamli Hajela i/b. H & M Legal for the Plaintiffs Mr.Nalla Seth for the Defendant No.1 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 15th January, 2009. DATED : 15th January, 2009. DATED : 15th January, 2009. P.C. 1. This motion is taken out for appintment of Court Receiver in respect of the flat on the basis of which defendant No.1 is said to have been parting monies. According to the plaintiffs suit flat continued to be in possession of the defendants Nos.3 and 4. By this motion plaintiffs plaintiffs wanted to have Receiver appointed in respect of the suit flat. The judgment in case of State Bank of India vs. Trade Aid Paper and Allied Products India Pvt. Ltd. & Ors. reported in AIR 1995 Bombay 268 was cited to press for Receiver. In order to find out whether the motion can be heard on merits, I checked up with the learned -2- Counsel for the plaintiffs and she upon instructions stated that the Notice of Motion is not served upon the defendant Nos. 3 and 4. The motion is of 2006. Since it is the claim of the plaintiffs that the possession of the suit flat is in the hands of defendant Nos.3 and 4, and if the Court Receiver is sought to be appointed, it is they who are the real persons who can oppose this notice of motion in their capacity as vendors. Though sufficient time was taken to serve the motion upon the defendant Nos.3 and 4, the same is not done. In view of this, the motion will have to be dismissed because presently the defendant No.1 is not in possession of the said flat. Hence the Order. ORDER Notice of Motion is dismissed with no order as to cost. Suit to come up in usual course. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)