1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Court Receiver's Report No.448 of 2008 IN Suit No.941 of 2007 Noorjahan Shahid Dawood .. .. Plaintiff v/s. Sajid Yakub Kantharia & ors. .. .. Defendants Rehana Kesari i/by Banatwala & Co. for plff. Mr.D.A. Dubey i/by Mr.Pravin Gada, licensee. D.S. Sdakhalkar i/by Anil Mishra for Deft.Nos.1 , 2 & 3. Mrs.U.S . Srivastava, Iind Asst. to C.R., present. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 9 th February 2009 P.C. : 1. The Court Receiver has been appointed Receiver of the suit premises and directed to make an inventory of the parties in possession. The Court Receiver found one Pravin H. Gada and one Dedhia Enterprises who was the licensee of the suit premises created by Defendant Nos.1, 2 and 3. The Court Receiver has later found the portion of the suit premises initially occupied by Gada to have been partly occupied by Tyrone Fernandes. 2. The Court Receiver has drawn this Court's attention to the letter dated 25.11.2008 of the Advocate for Defendant Nos.1, 2 and 3 addressed to the Court Receiver showing, inter alia, 2 that there has been some understanding between the licensee of Defendant Nos.1, 2 and 3 Pravin Gada with Tyrone Fernandes. The letter also mentions that the area occupied by Tyrone Fernandes is a part of the premises which was given to Pravin Gada and the said premises has been divided by Pravin Gada. The letter further mentions that Defendant Nos.1, 2 and 3 have no concern with Tyrone Fernandes and that they are concerned only with Pravin Gada. In view of this letter of the Advocate of Defendant Nos.1, 2 and 3, Tyrone Fernandes cannot be allowed to continue in the suit premises. 3. Pravin Gada was given time to file his Affidavit- in-reply. No Affidavit- in-reply is filed. Further time is asked. Further time cannot be granted as Pravin Gala did not take any steps to give instructions to his Advocate. In fact his Advocate has shown a railway ticket of 7.2.2009 which, in fact shows that Pravin Gada did not take any steps to come to give instructions to his Advocate. 4. The Advocate on behalf of Pravin Gada states that Tyrone Fernandes is his employee. The statement cannot be accepted. No employee can be in separate possession of any particular part of the suit premises. Hence Tyrone Fernandes shall have to vacate the suit premises. The Court Receiver shall take physical possession of the portion of the 3 suit premises occupied by Tyrone Fernandes in his name or in the name of his concern M/s.Awesome. 5. Another Gala is occupied by one Zaharat Ali. The said person has been directed to produce his papers and execute the royalty agreement with the Court Receiver. He has failed to do so. Zaharat Ali is given time to show the documents in his possession with regard to the rent and compensation paid by him to the parties in the Suit. If Zaharat Ali does not show the documents to the Court Receiver within 2 weeks from today, the Court Receiver shall take physical possession of the Gala in his possession. If Zaharat Ali shows the documents to the Court Receiver, he shall continue to pay the amount already paid by him to any party in the Suit to the Court Receiver until the Court Receiver determines the amount of royalty payable by him. If Zaharat Ali fails and neglects to make payment of the compensation/royalty to the Court Receiver, the Court Receiver shall make a further report to Court for taking physical possession from him. 6. Pravin Gada shall pay the amount of the royalty as arrears fixed by the Court Receiver until today. However upon the Court Receiver taking possession of the part of the Gala from Tyrone Fernandes, Pravin Gada may apply to the Court 4 Receiver for payment of royalty of a lesser amount for the actual area in his occupation. The Court Receiver shall consider the amount of royalty payable for such area by Pravin Gada. Prayers (a) and (d) are disposed of accordingly. 7. Dedhia Enterprises has also been licensed a part of the suit premises. Dedhia Enterprises was to deposit Rs.1,26,000/- towards royalty amount at the rate of Rs.10,500/- per month. That amount has not been deposited. The Court Receiver shall take physical possession of the suit premises from Dedhia Enterprises also. Prayers (b) and- (c) are disposed of accordingly. 8. Certain occupants and tenants have been asked to submit documents by the Court Receiver. Certain occupants and tenants have not submitted the relevant particulars. They are given 2 weeks' time to submit the information called for by the Court Receiver. The Court Receiver shall take physical possession of such of the premises of such of the occupants and tenants who do not furnish the necessary information to the Court Receiver. 9. The Court Receiver's Report is disposed of. The Court Receiver shall be entitled to Rs.1,000/- , which shall be taken from the proceeds of the suit premises. 5 (SMT.ROSHAN DALVI, J.)