IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVERS REPORT NO.365/2008 IN SUIT NO.281/2004 M/s A.J.Traders Plaintiffs Vs. Shri.Hitesh Lalka Defendant Shri.M.A.Choudhary,advocate for the plaintiff Mr.M.S.Kadu,advocate for the defendant CORAM: Smt.Roshan Dalvi,J. DATED : 21st October ,2008. P.C. 1] The Court Receiver was appointed in Notice of Motion taken out by the plaintiff in respect of suit premises which was given as security to the plaintiffs.The defendant was appointed agent of the Court Receiver upon payment of royalty. The parties were allowed to bid. The parties bid in the meeting of the court receiver dated 23.11.2006 . The defendant was the highest bidder .The defendant was made the agent of the Court receiver . 2] The defendant as an agent of the Court Receiver cannot create any rights in favour of any parties . The defendant created third party rights in favour of third party . The Court Receiver took inspection of the premises .The defendant was not found in the suit premises. Third party was found in the suit premises. The third party stated to the Receiver that he was paying .Rs.15,000/-to the defendant without any written agreement between the parties and without any rent receipt issued by the defendant . 2 3] The Court Receiver has accordingly taken out his report and seeks directions. 4] Inducting the third party is breach of the Court Order. The defendant cannot be allowed to be in possession of the suit premises as he has committed breach of agreement with the Court Receiver. The agreement is terminated. The Court Receiver shall forthwith take possession of the suit premises. The Court Receiver may take forcible possession, if required. The Court Receiver shall be entitled to take police protection, if required. The Court Receiver shall seal the premises after vacant possession is taken. 5] The plaintiff applies to appoint him an agent of the Court Receiver .In the Bid conducted on 23-11-2006 the plaintiff's last bid was Rs.19,000/-.The defendant's last bid was Rs.20,000/- . On the plaintiff's paying the Court Receiver Rs.20,000/-p.m.the plaintiff shall be appointed an agent of the court receiver on usual terms and conditions as to royalty,security and other undertakings. The Court Receiver shall allow the defendant to take away all the articles and things lying in the suit premises. The court receiver's report is disposed of accordingly. (Smt.Roshan Dalvi,J.)