1 NMS2180.06.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2180 OF 2006 IN SUIT NO. 1869 OF 2006 M/s. Housing Development Finance Corporation. ... Plaintiffs. V/s. Mr. Pradeep Tulsidharan Pillai and Ors. ... Defendants. Ms. Subhedar i/b. Murti & Associates for the Plaintiffs. Mr. Rupesh Lanjekar i/b. A.G. Damle for the Applicant. CORAM : R.Y. GANOO, J. DATED : 25th NOVEMBER 2010. P.C. :- The Plaintiffs claim that they had advanced loan to Defendant No.1 and Defendant Nos.2 and 3 are the guarantors. The Suit is filed by the Plaintiffs for recovery of the said loan amount and the interest. By this Motion, the Plaintiffs are seeking appointment of a Court Receiver. They are also asking for ad-interim relief by way of restraining them from creating third party rights and/or parting with possession. By prayer clause (c) an order is sought directing the Defendants to disclose the particulars of their assets. By prayer clause (d) they are asking Defendant No.1 to furnish security as this Court deems fit and proper in order to satisfy 2 NMS2180.06.sxw the Plaintiffs’ claim in the Suit. 2. I have heard learned Counsel on behalf of the Plaintiffs. Since this is a money suit and if it is the case of the Plaintiffs that Defendant No.1 is not repaying the monies from time to time and the interest of the Plaintiffs is likely to be affected, it is open for the Plaintiffs to apply for attachment before Judgment by making out appropriate case. 3. In view of this, the Plaintiffs are not entitled to have Receiver appointed in regard to the Suit flat. Same is the position as regards obtaining an injunction restraining Defendant No.1 from creating third party rights and/or parting with possession. 4. The Plaintiffs have, by prayer clause (c) sought an order directing Defendant No.1 – principal debtor and Defendant Nos.2 and 3 to disclose their assets. Such a relief can be granted and I am inclined to grant this prayer. 5. So far as prayer clause (d) is concerned, no case is made out. It would be open for the Plaintiffs to take out fresh proceedings for appropriate relief. 6. I am informed that by order dated 23rd August 2006, by an interim order, the Court Receiver is appointed in order to protect the interest of the Plaintiffs. That order can be continued for some time. 3 NMS2180.06.sxw 7. In view of this, following order is passed :- (i) Motion is dismissed in so far as prayer clauses (a) (b) and (d). (ii) It will be open for the Plaintiffs to apply for attachment before Judgment in order to protect their interest. If the Plaintiffs are of the view that the Defendants are not repaying their loan. (iv) Motion is made absolute in terms of prayer clause (c). 8. Defendant Nos.2 and 3 are directed to supply the information as set out in the said prayer clause (c) as of 1st November 2010 to the Plaintiffs within a period of four weeks from service of the certified copy of this order upon Defendants 1 to 3. If the said order cannot be served for one reason or the other, the Plaintiffs shall paste the forwarding letter and the certified copy of this order on the last known address mentioned in the cause title of the plaint. Ad-interim relief granted by order dated 23rd August 2006 to continue till 14th January 2011. In the meantime, the Plaintiffs to take out appropriate proceedings in the nature of attachment before Judgment. No views are expressed on such a prayer which would the Plaintiffs will make in future. (R.Y. GANOO, J.)