1 srk app-L-804-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.804 OF 2010 IN NOTICE OF MOTION NO.2364 OF 2010 IN COUNTER CLAIM NO.9 OF 2007 IN SUIT NO.4667 OF 2000 Shanti Murugesh Nadar ... Appellant Versus M/s. Deep Corporation and others. ... Respondents Mr.Milind S. Gyani for the appellant. Mr. Sanjay Jain with Ms. Yogini Gada i/by M/s. Harakchand & Co. for respondents. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Friday, February 04, 2011 P .C. This appeal is directed against the ad-interim order dated 15th September, 2010 of the learned trial Judge holding that the appellant-defendant No.78 is required to pay royalty at the rate of Rs.3000/- per month and shall clear the arrears upto 30th September, 2010. In default, the Court Receiver to take physical possession of shop No.5 by removing defendant No.78 from the said shop. 2. Having heard the learned counsel for the appellant/defendant No. 78 and also the learned counsel for the plaintiffs, we are of the view that interests of justice would be served if this appeal is disposed of with a request to the learned trial Judge to hear and decide Notice of Motion No.3280 of 2007 and Notice of Motion No.2364 of 2010 as expeditiously as possible and preferably by 31st March, 2011. 2 srk app-L-804-10.sxw 3. Till the two notice of motions are heard and decided, the appellant shall, without prejudice to his rights and contentions, continue to pay the royalty at the rate of Rs.3000/- per month and the arrears shall be deposited within four months. The appellant will be at liberty to file reply to the notice of motion No.3280 of 2007 within two weeks from today. 4. Appeal is accordingly, disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.