Single judge on notice of motion disposed of a recovery suit where defendants were absent. The court granted appointment of a receiver and restraint injunction. No reasons were recorded.
Appointment of receiver as per prayer clause (a) and injunction restraining disposal of property as per prayer clause (b).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1074 OF 2005
IN
SUIT NO. 914 OF 2005
State Bank of India
... PLAINTIFF
V/s.
Kanan Tangave & Anr.... DEFENDANTS
Ms. Ketki Minhas i/b. H&M Legal Associates for the
plaintiff.
None for the defendant.
CORAM : ANOOP V. MOHTA, J.
DATED : 24th March, 2006
P.C.
.Heard.
2.Defendants thoughservedare absent.
Affidavit of service dated 23rd March, 2006 filed by
the plaintiff is taken on record.
3.Defendant No. 1 has taken house loan from the
plaintiff.Defendant No. 2 was the guarantor.
Present suit is for the recovery of the amount of Rs.
6,60,582/- as per the claim. There is no defence
raised till this date. This is a fit case to grant
prayer clause (a) & (b) except bracketed portion with
( 2 )
liberty.
Clause (a)
that pending the hearing and final disposal of this
suit, the Court Receiver, High Court, Bombay or some
other fit and proper person be appointed as Receiver
of the immovable property described in Exhibit "A"
annexed to the Plaint, with all powers under Order XL
Rule 1 of the Code of Civil Procedure, 1908 (including
power to sell and/or realise the mortgaged security
and to pay the net sale proceeds/recoveries thereof to
the Plaintiffs towards their claim in the suit.)
Clause (b)
that pending the hearing and final disposal of this
suit, the Defendants, by themselves, or any other
person or persons claiming through on under them be
restrained by an order and injunction of this Hon’ble
Court from in any manner dealing with selling or
disposing off alienating, encumbering, parting with
possession or creating any third party rights of
whatsoever nature over the said immovable properties
described in Exhibit "A" annexed to the Plaint.
4.The Notice of Motion is disposed of
accordingly.
[ANOOP V. MOHTA, J.]
1 issue framed by the court
Whether to grant a receiver and injunction pending the hearing of a recovery suit against absconding defendants.
1 provisions across 1 enactments
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court