Smt. Ranjana Desai, J.

1. Admit. The respondents waive service. By consent of the parties, taken up for hearing, forthwith.

2. The appellants have challenged in this appeal order dated 1/12/2009 passed by learned Single Judge of this court. By the impugned order, learned Single Judge has disposed of Notice of Motion No.67 of 2009, Notice of Motion No.68 of 2009 and Report No.8 of 2009 submitted by the Official Assignee. The present appeal revolves around Flat No.305, Blase View 'A' Co-operative Housing Society Limited, Matherpada Road, Amboli, Andheri (West), Mumbai – 400 058, (for short, “the said flat”).

3. Notice of Motion No.67 of 2009 was taken out by the appellants - Krystal Stone Exports Limited, inter alia, praying that the Official Assignee be directed to restore the possession of the said flat to the appellants. In the affidavit in support of the notice of motion filed by one Popat Lal Kanadia, who claims to be the Director of the appellants, it is stated that the said flat is owned by Mrs. Sangeeta Agarwal; that it is mortgaged to Central Bank of India (for convenience, “Central Bank”), who is the secured creditor of the appellants; that the said flat is give