1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 1147 OF 2007 IN NOTICE OF MOTION NO. 2474 OF 2006 IN SUIT NO. 2185 OF 2006. Rikhab Chand Mehta. ..Plaintiff. vs. Sanjay Ramavtar Singh & Ors. ..Defendants. .... Ms. Priya Ranade, with Mr. Rohan Yagnik, i/b. Markand Gandhi & Co., for Plaintiff. Ms. Kavita Anchan, i/b. M.V. Kini & Co., for Defendant No.3. Mr. S.H. Patel, for State Bank of Indore-proposed Defendant No.4. Ms. Janki Doshi, i/b. Law Global, for Defendant No.1. .... CORAM : S.J. KATHAWALLA, J. DATE : 6TH DECEMBER 2010. P.C. Not on Board. Taken on Board. 2. This Notice of Motion is taken out by the Defendant No. 3 Bank for seeking withdrawal of the amount deposited by the Plaintiff in this Court. The Defendant No.3 claims this amount on the ground that the flat which is purchased by the Plaintiff from Mr. Sanjay Ramavtar Singh was mortgaged to the Defendant No.3. However there are various Banks who have claimed that the said flat was mortgaged to them and the Applications filed by the Plaintiff against the said Banks including the Defendant No.3 Bank are 2 pending disposal before the Debt Recovery Tribunal (DRT), Mumbai and the same are likely to be disposed of within a period of six months. 3. In view thereof, the question of allowing one Bank i.e. Defendant No.3 herein to withdraw the amount deposited by the Plaintiff at this stage does not arise. The Notice of Motion is dismissed with liberty to the Defendant No.3 to file a fresh Notice of Motion after the DRT decides the Applications pending before it. [ S.J. KATHAWALLA, J. ]