1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2120 of 2009 IN SUIT NO.2871 of 2007 Andrew Chettiar ..Plaintiff versus M/s. Brickswork Trading Pvt. Ltd. & Anr. ..Defendants Mr.S.N.Vaishnava i/b.N.N.Vaishnava & Co. for the plaintiff Dr.Birendra Saraf i/b.I.C.Legal for the defendant No.2 CORAM: S.J.VAZIFDAR, J. DATE : 7th SEPTEMBER, 2009. P.C: 1. This is the plaintiff s notice of motion for appointment of a Court Receiver of the suit flat with a direction to the Court Receiver to appoint the plaintiff as his agent without security, royalty or compensation. 2 2. The suit is for specific performance of agreement to sell the suit flat for a consideration of Rs.27,03,750/- and on the other terms and conditions which are not material for the purpose of this notice of motion. 3. I am informed that the facts of this case are the same as in Suit No.2870 of 2007 except as to the amount payable under the agreement. I have today disposed of Notice of Motion No.2119 of 2009 in that suit by a separate order. For the reasons stated therein, this Notice of Motion is disposed of by the following order: ORDER a) The Court Receiver, High Court, Bombay is appointed as Receiver of the suit flat. b) The Court Receiver shall appoint an agent in respect of the suit flat along with the car parking, on the basis of the amount payable on a leave and license basis. 3 c) The plaintiff is at liberty alongwith third parties to bid for the agency of the Court Receiver. In the event of the plaintiff matching the highest bid, the Court Receiver shall in the first instance appoint the plaintiff as his agent. Further, in that event the plaintiff shall be entitled to credit at the rate of Rs.1,50,000/- per annum. In other words the royalty payable by the plaintiffs would be the difference between the highest bid and Rs.1,50,000/- per annum. d) The license agreement shall initially be for a period of 3 years. Liberty to the parties to apply thereafter.