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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

Notice of Motion No. 2372 of 2007

in

Suit No. 1562 of 2007

Housing Development Finance Corporation

Ltd.

.. Plaintiffs

v/s.

Mr.Mayur Ratanshi Sampat & Ors. ..Defendants

Ms.Jyoti Ghad , Mr.Sameer Khadekar i/b. Thakore Jariwala & Associates

for the Plaintiffs.

Ms. Shilpa Kapil for the Defendant No.3

None for the defendant nos.1, 2, 4,5, 6A and 6B.

CORAM : R.Y.GANOO, J.

DATED : 19^th October , 2010

P.C. :

1. Plaintiffs claim that they had advanced loan to defendant nos.1 and 2

to the tune of Rs.5 lakhs and odd amount by loan agreement dated

29.3.1996 and defendant nos.1 and 2 had executed Demand

Promissory Note dated 29.3.1996. According to plaintiffs suit flats

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described in prayer clause (b) of the plaint were also mortgaged in

favour of the plaintiffs by way of equitable mortgage.

2. According to plaintiffs the defendant nos.1 and 2 did not pay the

instalment for purchase