-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.3279 of 2008 in Suit No.471 of 1990 Mohammed Taqui Nazir Husein ..Plaintiff vs. 1(a) Mrs.Khslikun Begum & ors. ..Defendants Mr.S.K.Chaurasia i/b Mr.A.M.Saraogi for plaintiff Mr.S.P.Srivastava for defendant nos.1a to 1e Mr.Ali A.Zaidy i/b M/s Zaidy and Co. for defendant no.3. Mr.B.C.Srivastava i/b Khillani and Co. for defendant no.4. Mr.Ishrat Hussain Sayyed defendant no.1c present in person. CORAM: S.J.KATHAWALLA J. CORAM: S.J.KATHAWALLA J. CORAM: S.J.KATHAWALLA J. 12th January, 2009 12th January, 2009 12th January, 2009 P.C. P.C. P.C. 1. This Notice of Motion is taken out by the plaintiff seeking directions against the Receiver High Court, Bombay to appoint the plaintiff as his agent to carry on the business of Azmi and Company (Asian Bakery), on such terms as this Court deems fit. Admittedly, earlier defendant no.2 was appointed as agent of the Court Receiver. Thereafter defendant no.1 was appointed as agent of the Court Receiver from 1st February, 1996. Defendant no.1 expired -2- on 22nd October, 2007. The agency agreement between the Court Receiver and Defendant No.1 therefore, came to an end upon the demise of the agent i.e. defendant no.1. The Court Receiver, ought to have sought directions qua the agency which came end on 22nd October, 2007 upon the death of defendant no.1. However, the Court Receiver without seeking any directions from the Court, allowed the heirs of defendant no.1 i.e. newly added defendant nos. 1a to 1e to carry out the business of M/s Azmi and Co. as agents of the Court Receiver. 2. As stated above, the plaintiff has now taken out this Notice of Motion for the reliefs set out above i.e. for appointing him as agent of the Court Receiver for M/s Azmi and Co. (Asian Bakery) Admittedly, the compensation paid to the Court Receiver by the defendant no.1 was Rs.8000/- per month which the heirs of the deceased defendant no.1 have continued to pay. It was agreed in Court by the plaintiff/defendant nos.1 a to 1 e and defendant nos. 2a and 2f and defendant no.4 through their respective Advocates that the agency be given to the highest bidder. In view thereof, bidding was allowed in Court between the plaintiff and -3- defendant no.1c The bid of defendant no.1c was highest i.e. Rs.25,000/- p.m. Defendant no.1c has also undertaken to give security deposit to the Court Receiver of Rs.1,00,000/- within four weeks from today. Defendant no.1c will start making payment of Rs.25,000/- p.m. to the Court Receiver as agent of M/s Azmi and Co. (Asian Bakery) from January, 2009. He shall execute all documents required by the Court Receiver to appoint him as agent of the Court Receiver in respect of the said M/s Azmi and Co. (Asian Bakery) within a period of two weeks from today. In case of any two monthly defaults by the defendant no.1c, the Court Receiver, shall forthwith prepare a report and submit the same for directions of this Court. 3. In view of the above, Notice of Motion stands disposed of. Receiver to submit a report pertaining to arrears payable to the society in which the said M/s Azmi and Co. (Asian Bakery) is situated within a period of two weeks from today. (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)