spb/- 1 nms2913-06.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2913 OF 2006 IN SUIT NO. 1217 OF 2006 INDIAN BANK ... Plaintiff. V/s. JITENDRA R. GANDHI & ORS. ... Defendants. ----- Mr. Nitim Nikam i/by Nitin Nikam & Associates for the Plaintiff. Mr. S.R. Shetty for Defendant No.4. ----- CORAM : D. G. KARNIK, J. DATE : 30th JUNE, 2011. P.C. : 1 Heard learned counsel for the plaintiff and defendant no.4. 2 This Notice of Motion is taken out by the plaintiff for appointment of a Receiver. The plaintiff filed the suit against defendant nos. 1 and 2 as principal debtor and guarantor respectively for recovery of the loan granted to the defendant no.1 for purchase of the flat described in Exh.`A’ to the plaint. According to the plaintiff, the defendant no.1 created a mortgage by deposit of title deeds in his favour in respect of the suit flat. It appears that the defendant no.1 has created successive mortgages in favour of different private and nationalized banks without spb/- 2 nms2913-06.sxw disclosing the fact of earlier borrowings. In paragraph 3(d) of the written statement, the defendant no.3 Bank has stated that the plaintiff has created mortgage of the suit flat in its favour on 3rd August, 2002. Counsel for the defendant no.4 Bank submits that the defendant no.1 has also created mortgage in its favour on 26th August, 2003. Defendant no. 1 has not filed any reply opposing appointment of a Receiver nor has he denied allegations made by the defendant nos.3 and 4 in their reply. In the circumstances, in my view, this is a fit case for appointment of a Receiver. 3 Accordingly, the Motion is allowed in terms of prayer clause (a). It is however, directed that the Receiver shall not take physical possession if any third party is in actual possession of the flat but submit a report to the court for further directions in the matter. 4 Motion is disposed of. [D.G. KARNIK, J.] .....