1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION CHAMBER SUMMONS NO.528 OF 2004 CHAMBER SUMMONS NO.528 OF 2004 CHAMBER SUMMONS NO.528 OF 2004 IN IN IN SUIT NO.3918 OF 2001 SUIT NO.3918 OF 2001 SUIT NO.3918 OF 2001 Bank of Baroda ...Plaintiffs Bank of Baroda ...Plaintiffs Bank of Baroda ...Plaintiffs Vs. Vs. Vs. Balwinder Singh Barmotha & Ors. ...Defendants Balwinder Singh Barmotha & Ors. ...Defendants Balwinder Singh Barmotha & Ors. ...Defendants ----- ----- ----- None present. None present. None present. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 P.C. P.C. P.C. . Parties and Advocates absent. . Parties and Advocates absent. . Parties and Advocates absent. 2. Court Receiver has been appointed as receiver 2. Court Receiver has been appointed as receiver 2. Court Receiver has been appointed as receiver in respect of 3 trucks. The photographs annexed to in respect of 3 trucks. The photographs annexed to in respect of 3 trucks. The photographs annexed to the affidavit in support of the Chamber Summons shows the affidavit in support of the Chamber Summons shows the affidavit in support of the Chamber Summons shows certain trucks. It is not known whether the certain trucks. It is not known whether the certain trucks. It is not known whether the photographs are in respect of all the three trucks. photographs are in respect of all the three trucks. photographs are in respect of all the three trucks. The Court Receiver has fixed a monthly royalty to be The Court Receiver has fixed a monthly royalty to be The Court Receiver has fixed a monthly royalty to be Rs.20000/-, since the Defendant had agreed to pay the Rs.20000/-, since the Defendant had agreed to pay the Rs.20000/-, since the Defendant had agreed to pay the sum remaining payable in monthly instalments of sum remaining payable in monthly instalments of sum remaining payable in monthly instalments of Rs.20,000/-. Primafacie the report of the Court Rs.20,000/-. Primafacie the report of the Court Rs.20,000/-. Primafacie the report of the Court Receiver annexed as Exhibit-C to the affidavit in Receiver annexed as Exhibit-C to the affidavit in Receiver annexed as Exhibit-C to the affidavit in support of the chamber summons cannot be faulted. support of the chamber summons cannot be faulted. support of the chamber summons cannot be faulted. 3. The suit is filed for recovery of 3. The suit is filed for recovery of 3. The suit is filed for recovery of Rs.8,57,750/-. Since the Defendant has been appointed Rs.8,57,750/-. Since the Defendant has been appointed Rs.8,57,750/-. Since the Defendant has been appointed as Agent of the Court Receiver the Defendant must pay as Agent of the Court Receiver the Defendant must pay as Agent of the Court Receiver the Defendant must pay 2 reasonable royalty for the 3 trucks for which he is reasonable royalty for the 3 trucks for which he is reasonable royalty for the 3 trucks for which he is appointed as Agent, if he choose to continue to act as appointed as Agent, if he choose to continue to act as appointed as Agent, if he choose to continue to act as an Agent of the Court Receiver. The application of an Agent of the Court Receiver. The application of an Agent of the Court Receiver. The application of Defendant No.1 requires the Court to consider the Defendant No.1 requires the Court to consider the Defendant No.1 requires the Court to consider the quantum of royalty fixed by the Court Receiver. quantum of royalty fixed by the Court Receiver. quantum of royalty fixed by the Court Receiver. 4. Defendant No.1 has challenged the amount fixed 4. Defendant No.1 has challenged the amount fixed 4. Defendant No.1 has challenged the amount fixed by the Court Receiver as royalty on the ground that he by the Court Receiver as royalty on the ground that he by the Court Receiver as royalty on the ground that he is not in a position to pay more than Rs.5000/- per is not in a position to pay more than Rs.5000/- per is not in a position to pay more than Rs.5000/- per month, that only one vehicle is in working condition month, that only one vehicle is in working condition month, that only one vehicle is in working condition and that he is not in a position to earn more than and that he is not in a position to earn more than and that he is not in a position to earn more than Rs.5000/- per month with the said vehicle. He has Rs.5000/- per month with the said vehicle. He has Rs.5000/- per month with the said vehicle. He has contended that the other two vehicles have to be contended that the other two vehicles have to be contended that the other two vehicles have to be brought in working condition by carrying out repairs brought in working condition by carrying out repairs brought in working condition by carrying out repairs for which expenses to be incurred will be more than for which expenses to be incurred will be more than for which expenses to be incurred will be more than Rs.2.5 lakhs. Rs.2.5 lakhs. Rs.2.5 lakhs. 5. Defendant No.1 has admitted that he had agreed 5. Defendant No.1 has admitted that he had agreed 5. Defendant No.1 has admitted that he had agreed to pay the amount of loan in instalments of to pay the amount of loan in instalments of to pay the amount of loan in instalments of Rs.20,000/- per month being the Agent of the Court Rs.20,000/- per month being the Agent of the Court Rs.20,000/- per month being the Agent of the Court Receiver. He must work as such Agent to yield the Receiver. He must work as such Agent to yield the Receiver. He must work as such Agent to yield the amount atleast Rs.20000/- towards the repayment of amount atleast Rs.20000/- towards the repayment of amount atleast Rs.20000/- towards the repayment of Rs.20,000/- failing which the very order of Rs.20,000/- failing which the very order of Rs.20,000/- failing which the very order of appointment of Court Receiver would be frustrated. appointment of Court Receiver would be frustrated. appointment of Court Receiver would be frustrated. Hence, the following order : Hence, the following order : Hence, the following order : . The amount fixed by the Court Receiver . The amount fixed by the Court Receiver . The amount fixed by the Court Receiver as royalty, considering that Defendant No.1 is as royalty, considering that Defendant No.1 is as royalty, considering that Defendant No.1 is the agent of the Court Receiver for as many as the agent of the Court Receiver for as many as the agent of the Court Receiver for as many as 3 3 trucks is fair and reasonable. It is not 3 trucks is fair and reasonable. It is not 3 trucks is fair and reasonable. It is not required to be reduced. Hence, the royalty required to be reduced. Hence, the royalty required to be reduced. Hence, the royalty fixed by the Court Receiver is confirmed. fixed by the Court Receiver is confirmed. fixed by the Court Receiver is confirmed. . Defendant No.1 shall execute the . Defendant No.1 shall execute the . Defendant No.1 shall execute the agreement for payment of royalty and give agreement for payment of royalty and give agreement for payment of royalty and give usual undertakings required by the Agents to usual undertakings required by the Agents to usual undertakings required by the Agents to the Court Receiver within 4 weeks from today. the Court Receiver within 4 weeks from today. the Court Receiver within 4 weeks from today. N.O.C. N.O.C. N.O.C. (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)