1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4767 OF 2007 IN SUIT NO.2382 OF 2007 M/s. Housing Development Finance Corporation Limited .... Plaintiffs. V/s Patil Maruti Govind & Ors. ..... Defendants. Mr. G.V. Murti i/b M/s Murti & Associates for plaintiffs. CORAM: V. M. KANADE, J. DATE : 5TH JANUARY, 2010 P.C.:- 1. Plaintiffs have filed affidavit of service. In spite of service, none appears on behalf of Defendants. 2. Plaintiffs had advanced an amount of Rs 6,50,000/- to Defendant Nos. 1 and 2. Defendant Nos. 3 and 4 are the guarantors and Defendant No.5 is a developer of the said building. It is submitted that even Defendant No.5 had promised to recover the amount from Defendant Nos. 1 and 2 and pay the said amount to Plaintiffs – Bank. 3. The averments made in the plaint are not controverted. 2 Plaintiffs, therefore, have made out a case for grant of interim relief in terms of prayer clauses (a) & (b) of the Notice of Motion. 4. Notice of Motion is accordingly allowed in terms of prayer clauses (a) & (b). It is, however, clarified that the Court Receiver shall take symbolic possession of the said suit flat No.114, 3rd floor, “Sridevi Complex”, Wing ‘B’, Plot No.D-18, D-18a, Sector 19/20, CBD Belapur, Navi Mumbai 400614 and shall submit a report to this Court within four weeks after taking symbolic possession. 5. Notice of Motion is disposed of in the aforesaid terms. (V.M. KANADE, J.)