1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.92 OF 2009 IN NOTICE OF MOTION NO.4062 OF 2008 IN SUIT NO.3262 OF 2006 Smita Modi & anr. ..Appellants V/s. Sanjay Kumar Jain ..Respondent Ms.Rita Bhatia, Advocate, for the appellants Ms.Sneha Patil for M/s.Sonal Doshi & Co., Advocate, for the respondent Mr.K.C.Vyas, Court Receiver CORAM : P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : 12TH NOVEMBER, 2009 P.C. . This appeal is directed against the Order passed by the learned Single Judge below Notice of Motion No.4062 of 2006 in Suit No.3262 of 2006. By the impugned Order the learned Single Judge found that the defendants can continue to remain in possession as an agent of the Court Receiver subject to payment of the 50% of the Royalty. The learned counsel for the respondent submitted that the Royalty 2 amount is not properly arrived at as it is fixed at a very high rate. The learned counsel for the respondent further submitted that the objections against the Receiver's Report are already submitted by the defendants and the said objections are still pending before the learned Single Judge for consideration. The learned counsel for the respondent submitted that the appeal is filed against the ad-interim Order. Notice of Motion is likely to be heard within a short period. In view of the facts & circumstances of the case since the motion is pending before the learned Single Judge and is likely to be heard within a short period, we request the learned Single Judge to decide the Notice of Motion within a period of six weeks from today. Till the Learned Single Judge decides the Notice of Motion and dispose of the Court Receiver's Report, the plaintiff shall not take any coercive steps for recovering the amount of Royalty and for taking possession. The Appeal is disposed of accordingly. ( R.C.CHAVAN, J.) ( P.B.MAJMUDAR, J. ) 3