1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.292 of 2009 in Suit No. 96 of 2009 Poonabhai Vallabhbhai Chandpara ..Plaintiff vs. Citifinancial Consumer Finance India Ltd. ..Defendants None for plaintiff Ms.Deepti M.Kurghode for defendants CORAM: S.C. DHARMADHIKARI J. 7 th December, 2009 P.C. 1 The Defendants Advocate states that the written statement is ready and will be filed during the course of the day. 2 It is reported that there is no settlement. 3 The suit is filed for a declaration that the defendant is not entitled to recover from the plaintiff a sum of Rs.42,00,000/- 2 (Rupees forty two lacs) and that the defendant should not be permitted to dispossess the plaintiff except by due process of law. 4 This is a home loan transaction and according to the defendant, there is a default committed by the plaintiff whereas the plaintiff states that there is a genuine dispute and there is no default. In fact, the earnest money installments have been duly paid. 5 Be that as it may, it was stated at the ad-interim stage that there is no threat of dispossession by the defendant. Accepting that position the Court did not grant any ad- interim order. 6 Today, the notice of motion is placed on board and the plaintiff and his advocate are absent. In my view, interests of justice would be served if motion is disposed of with an order and direction that the 3 defendant shall not dispossess the plaintiff except by due process of law. That is the only apprehension and once it is taken care of motion does not survive as far as other reliefs are concerned. All contentions of both sides are kept open. (S.C.DHARMADHIKARI J.)