1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.825 of 2010 IN Notice of Motion No.2768 of 2005 IN Suit No.2531 of 2010 1. Prabhakar K. Shukla & ors. .. .. Plaintiffs v/s. 1. Mrs.Kiranben Mayur Daftary & ors. .. Defendants And Kirit B. Pandya .. .. .. Respondent Mr.A.A. Pande i/by A.R. Pande for Plaintiffs. None for Defendant. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 6th July, 2010 P.C. : 1.The Plaintiffs have advanced a loan to Defendant No.1. Defendant No.2-Bank has also advanced another independent loan to Defendant No.1. Both the Plaintiffs as well as Defendant No.2 have followed due legal process against Defendant No.1. Defendant No.2-Bank has sought sale of the premises to the Respondent herein. The Respondent is already in possession. He is a bona fide purchaser for consideration. The Respondent is not made a party Defendant as yet. He is stated to be the 2 contemner. There is nothing shown to suggest that Defendant No.2-Bank or the Respondent knew about the order of the Court granting injunction only against Defendant No.1. No injunction has been granted against these parties. The Plaintiffs entitlement is essentially in a monetary claim. Hence, none of the reliefs in this Notice of Motion can be granted. 2.There shall be no order on the Notice of Motion. No order as to costs. (SMT.ROSHAN DALVI, J.)