IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4304 OF 2008 IN SUIT NO.3573 OF 2006 State Bank of India ..... Plaintiffs V/s. Anand Omkarnath Pandey & Anr. .... Respondents. Ms.Hina A. Mody, for the plaintiffs. Mr.Nitesh Bhutekar, for defendant No.3. None for defendant Nos.1 & 2. CORAM: R.Y.GANOO, J. DATED: 06th FEBRUARY, 2009. P.C. 1. As the notice of motion was taken up for hearing, Mr.Bhutekar, learned Advocate appearing for defendant No.3, states that his client has taken away the papers from him long back. The learned counsel for the plaintiffs, files affidavit of service in respect of all the defendants. Hence, the motion is taken up for hearing and it is treated that nobody is appearing on behalf of defendants, despite service. 2. According to the plaintiffs, the suit car is lying in the custody of the Court Receiver and day by day, the condition of the car is deteriorating and that at a later point of time, if the car is required to be sold towards the execution of the decree, it may not fetch good value. The learned counsel for the plaintiffs, in this context, submitted that the appropriate directions may be given in terms of the notice of motion and that the notice of motion be made absolute in terms of prayer clause (a). 3. I have given my anxious consideration to the submissions advanced by the learned counsel for the plaintiffs. In my view, if the suit car remains idle, which is lying in possession of the Court Receiver, will lose its value in the market and therefore, it is necessary that the suit car is disposed of. In view of this, I pass the following order. : O R D E R : 1. The Court Receiver, High Court, Bombay, is directed to put up the car in question for sale by way of public auction. 2. The sale proceeds after giving due credit to the expenses incurred for sale, be deposited in the office of this Court and whatever amount is received, be invested in an National Bank initially for a period of one year and thereafter, the said deposit be renewed for one year regularly, till further so that the said amount along with interest can be utilized at the time of passing final orders in the suit. 3. The notice of motion stands disposed of in above terms with no order as to costs. ( R.Y.GANOO, J. )