1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1474/1979 Bank of Baroda Plaintiff Vs. M/s Kalavihar Central Co-op Consumer Wholesale & Retail Stores Ltd.& Ors. Defendants Mr.Anant R.Bamne for the plaintiff None for the Defendants CORAM: S.J.VAZIFDAR,J. DATE : 7th January,2009. P.C. 1] This is a usual bank suit filed to recover the amounts due and payable by defendant no.1 in respect of an over draft facility and advance loan facility. 2] Defendant no.1 is a co-operative society. Defendant no.3 has been appointed as an administrator in respect of defendant no.1. Defendant nos.1 and 3 have not filed any written statement . Defendant no.2 claimed a right in respect of the properties mortgaged by defendant no.1 in favour of the plaintiff. However,it is stated that defendant no.2 has filed an affidavit dated 6/11/2008 stating that the first defendant subsequently has paid its dues and therefore has no interest in the mortgaged property . 2 3] The suit is also filed to enforce the mortgage duly registered. 4] The usual security including the deed of hypothecation, demand promissory note ,etc.have been executed. 5] The plaintiff has examined its senior Manager one Robin C.Almeda .The examination in chief was conducted. The documents were tendered in the evidence. None of the documents have been denied. There is no written statement filed by defendant nos.1 and 3 . The defendant has given up any claim in respect of the mortgaged property. 6] In the circumstances the suit is decreed in terms of prayer'' (a) to( i) and (p)' ' .