: 1 : 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.2580 OF 2006 NOTICE OF MOTION NO.2580 OF 2006 NOTICE OF MOTION NO.2580 OF 2006 IN IN IN SUIT NO.2139 OF 2006 SUIT NO.2139 OF 2006 SUIT NO.2139 OF 2006 Housing Development Finance Corporation Ltd. .. Plaintiffs. Versus Malviya Bhawarlal Lalaramji & Anr. .. Defendants. Mr.M.S.Dehlvi i/b.M/s.Negandhi, Shah & Himayatullah for plaintiffs. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 6th October, 2008. DATE : 6th October, 2008. DATE : 6th October, 2008. P.C. :- P.C. :- P.C. :- 1. Packet sent to defendant No.1 has come back as unclaimed. It will have to be treated as good service. Packet seen and returned to the learned Advocate for the plaintiffs. Defendant No.2 is served by A.D.Post. 2. As of today, Receiver is in possession of the suit flats. This motion is taken out for diverse relief, out of which, Advocate for the plaintiffs is seeking confirmation/appointment of the Court Receiver. 3. Now that the Receiver has taken possession of the suit flats and as the suit is pending where the plaintiffs : 2 : are seeking to recover money from defendants in regard to the loan transactions, it would be proper to confirm the appointment of the Court Receiver so that the property in respect of which equitable mortgage has been created would remain under the control of the court. Hence the order :- O R D E R O R D E R O R D E R i) Motion is made absolute in terms of prayer clause (a), except bracketed portion being "and sell". There shall be no order as to costs. ii) Right now no other relief in regard to other prayers is required to be granted sofar as prayers (b) to (f). In case, there is any need, plaintiffs are at liberty to take out fresh motion in regard to reliefs in terms of prayer clauses (b) to (f). (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)