O'Dwyer v Grogan & Anor (Approved)

        On 12 January 2016 the plaintiff was appointed by AIB Mortgage Bank (the � Bank� ) as receiver over five residential investment properties (the � Properties� ) owned by the defendants, who had, between 2004 and 2006, borrowed in excess of �2.2 million from the Bank�s predecessor entity, Allied Irish Banks plc (� AIB� ), to fund the purchase of the Properties which were secured in favour of AIB.

        There is no dispute that the defendants borrowed these monies and entered into mortgages in respect of these borrowings which were secured on the Properties. There is also no dispute that the defendants ceased making repayments to the Bank in or around March 2014 and that they have made no repayments on their mortgages since that date.

        In the circumstances set out hereunder, there was a delay in advancing the receivership.

        Plenary proceedings issued by the plaintiff on 12 November 2021. A notice of motion issued that same day seeking interlocutory orders against the defendants, their servants or agents, or any other person having notice of the order, in the following general terms: �

(1)    restraining the defendants from preventing, impeding and/or obstructing the plaintiff from taking possession of the Properties;