Tata Capital Hsg. Finance Limited v. Dinesh G. Jaiswal And ANR.

Nitin 1 / 2 940-NMS-384-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 384 OF 2015 IN SUIT NO. 137 OF 2015 Tata Capital Housing Finance Limited ...

Applicant / Plaintiff

Versus

Dinesh G. Jaiswal and Anr.

...

Defendants Mr. D.D. Madon, Sr. Adv. a/w. Mr. Bhavin M. i/b. MDP Partner for the Applicant / Plaintiff.

Mr. Satish Shetye i/b. A.P. Steenson & Associates for the Defendants. CORAM : S.J. KATHAWALLA, J.

DATED : 22 ND DECEMBER, 2015 P.C.

1.

The learned Advocates appearing for the parties have tendered the Minutes of Order dated 22 nd December, 2015. They submit that Minutes be taken on record and the above Notice of Motion be disposed of in terms of the Minutes. The Minutes are taken on record and marked 'X' for identification. The Minutes are signed by the Advocates for the parties. The above Notice of Motion is disposed of in terms of the Minutes marked 'X'

.

2.

The Advocate for the Plaintiff shall be at liberty to inform the Society that the Court Receiver, High Court, Bombay is appointed Receiver of the Suit flat (mortgaged property) more particularly described in Exhibit-A to the Plaint with a direction to only take symbolic possession of the same and that the Defendants have undertaken not to sell, transfer, alienate, encumber, part with possession or induct anyone or create any third party rights or interest or tenancy or lease or license in

Nitin 2 / 2 940-NMS-384-2015 favour of anyone else in respect of the Suit flat and the Society should make a note of the same in its records.

( S.J.KATHAWALLA, J. )