1 AO-266-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 266 OF 2011 WITH CIVIL APPLICATION NO. 388 OF 2011 Chandrakant Bhiwaji Kawalkar ... Appellant vs. Anil P. Sachdev ... Respondent Mr Sagar Talekar,Advocate, for the appellant Mr. J.A.Udaipuri, i/b. M/s. Udaipur & Co.Advocates for the respondent. CORAM: J.H.BHATIA,J. DATE : 26th July, 2011. P.C. 1. After some discussion at the Bar and after taking instructions from their respective clients, the learned Counsel for the parties agree that the Appeal and the Application may be disposed of with the following directions :- (i) Court Receiver, High Court, Bombay be appointed as Receiver in respect of the disputed property, being Unit N.47A, admeasuring 416 sq. ft., situated at Satyam Industrial Estate, Subhash Road, Jogeshwari (East), Mumbai 400 060 along with fittings and fixtures thereto in occupation of one Mr. Rajesh Jain son of Mr. Sudhershan Kumar Jain, proprietor of M/s. S.R. Marketing 2 AO-266-11.sxw Services as a licensee of the defendant/respondent - Anil P. Sachdev on the basis of the leave and license agreement dated 5.5.2011 for a period of 36 months ending with 28.2.2014. The said licensee shall be treated as agent of the Court Receiver and he shall deposit the license fee as per the terms and conditions of leave and license agreement dated 5.5.2011 as royalty with the Court Receiver beginning with 1.7.2011. On expiry of the terms of the license, the Court Receiver may appoint either same person or any other person as agent. (ii) In case Mr. Rajesh Jain, the present licensee, vacates the premises before disposal of the suit, the Court receiver shall appoint some other person as a licensee after consultation with both the parties. (iii) The license fee/royalty amounts so deposited with the Court Receiver shall be invested with some Nationalised Bank periodically. The principal amount of the royalty with interest, which may accrue on the same, shall be subject to result of the suit. 2. The City Civil Court shall expedite the hearing of S.C.Suit No. 207/2010 and dispose of the same as early as possible and, in any case, by the end of August, 2012. 3 AO-266-11.sxw Appeal and Application stand disposed of accordingly. (J.H.BHATIA,J.)