1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2390 of 2007 IN Suit No.255 of 2007 Vijaya Bank. .. .. Plaintiff v/s. Allabux A. Shaikh & 3 ors. .. .. Defendants WITH Notice of Motion No.2391 of 2007 IN Suit No.579 of 2007 Vijaya Bank. .. .. Plaintiff v/s. Ibrahim Mohammed Shaikh, s/o. Salim Mohammed Shaikh & ors. .. .. Defendants WITH Notice of Motion No.2392 of 2007 IN Suit No.873 of 2007 Vijaya Bank. .. .. Plaintiff v/s. Sarfaraz Mohammed Shaikh, s/o. Salim Shaikh & ors. .. .. Defendants Mr.Rajiv Narula with Mr.Basant Telokani for defendant No.4. ----- CORAM : SMT.ROSHAN DALVI, J. 2 Dated : 28 th March 2008 P.C. : 1. The plaintiff-bank granted loan to defendant No.1 who was the principal borrower. Defendant Nos.2 and 3 are the guarantors. Defendant No.4 is the developer of the building in which the flats are sought to be mortgaged by defendant No.1. 2. Defendant No.4 has already put certain bonafide third parties in possession of the suit premises in each of the above Suits. 3. The parties in possession are not before the Court. 4. The suit premises is not distinctly identifiable. The number of flats, their area etc. mentioned in the Suits are not as per the record of defendant No.4. 5. Certain criminal complaints have been filed against defendant Nos.2 and 3, who have sought to take loans from the plaintiff. No relief can be granted to the plaintiff-bank for appointment of the Court Receiver or for any injunction since third parties, who are bonafide purchasers, are already in possession of the suit premises. The plaintiff's Advocate 3 fairly concedes this fact. He applies for withdrawal of the Notices of Motion. 6. All the Notices of Motion are allowed to be withdrawn with liberty to the plaintiff to take out such proceedings, as they are advised against the principal borrower and/or guarantors. (SMT.ROSHAN DALVI, J.)