1 srk IN THE HIGH COUT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO. 279 OF 2009 IN SUIT NO. 1385 OF 1984 Mrs. Piloo F. Bomanji & Ors. .. Plaintiffs vs M/s. Formac Engineering .. Defendant Mr. Mustafa Doctor & Ms. Kirtika Chandarana i/b Mahernosh Humranwala, Advocate for Plaintiff. Mr. M.P.S. Rao with Ms. Savita Sadanand & Ms. Prasanna S. Tare i/b M/s Vigil Juris, Advocate for Defendant. Mr. K.L. Vyas, Court Receiver, High Court, Bombay. CORAM: A.S.OKA,J DATE: 5th November, 2009. P.C. 1 Heard learned counsel appearing for the plaintiffs and learned counsel appearing for the defendant. The Court Receiver was appointed as the Receiver of the suit property by interim order dated 10th December, 1984. The Receiver was directed to permit first defendant to remain in occupation of the suit property, provided that first defendant agreed to remain in occupation as agent of the Receiver on terms and conditions to be settled by the Receiver. Accordingly, the terms and conditions were settled and royalty 2 amount was fixed. As of today the said interim order dated 10th December, 1984 is operating. The suit was dismissed for default on 21st July, 2005. On 28th September, 2008, the suit was restored and interim order in the suit was also restored. This report is submitted by the Court Receiver seeking a direction as to whether the Court Receiver can charge royalty at enhanced rate on the suit property from the date of the said restoration of the suit. 2 On the basis of the order dated 10th December, 1984, the Court Receiver did the exercise of fixing the terms and conditions including royalty amount. If for the reason of passage of time or change in circumstances, if any Party to the suit wants that the terms and conditions fixed by the Receiver must undergo change, it is for the parties to move the court and obtain appropriate order in that behalf. The learned counsel appearing for the plaintiffs states that plaintiffs will take appropriate steps in that behalf. 3 In view of what is stated above, no direction can be issued in this regard. Report is disposed of. Judge.