1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1039 OF 2009 IN SUIT NO.98 OF 2009 M/s.HDFC Limited .. Plaintiff Versus Deepak Anand Khaire .. Defendant Ms.Asha Nair i/b. Mahesh Menon & Co. for plaintiff None for defendant. CORAM : S.C.DHARMADHIKARI, J. DATE : November 23, 2009. P.C.: 1] Heard learned Counsel for plaintiffs. Perused the plaint and the notice of motion. It appears that the plaintiff had advanced certain sums to the defendant Nos. 1 and 2. That was for purchasing a flat. It is stated that there is default committed in making payment. It is, thereafter, stated that even the guarantors have not responded to the notice. In such circumstances, huge amounts are payable by the borrowerrs and the guarantors. 2 2] Considering the uncontroverted allegations in the plaint and though the writ of summons is duly served, the defendants have not appeared and sought time to file any written statement, interest of justice would be sub- served if it is directed that pending hearing and final disposal of the suit, the defendant Nos. 1, 2 and 5, their agents, servants and persons claiming through them should not transfer, alienate, part with possession and/or create third party rights in any manner in respect of the flat, more particularly mentioned in prayer clause (a) of the notice of motion. Motion is allowed in these terms with liberty to apply. (S.C.DHARMADHIKARI, J)