( 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 CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ ARBITRATION PETITION NO.25 OF 2009 ARBITRATION PETITION NO.25 OF 2009 ARBITRATION PETITION NO.25 OF 2009 Citi Financial Consumer Finance India Ltd. ..Petitioners V/s. Sangeeta Arun Date & Anr. ..Respondents ...... Mr. Chinmany Gupte i/by Mohit Gadkari & Co. for the petitioners None for the respondents ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th March, 2009 DATED : 25th March, 2009 DATED : 25th March, 2009 P.C.: P.C.: P.C.: 1. Heard learned adovcate for the Petitioners. Despite passing order in terms of prayer clause (b) on the last occasion, there is no response from the respondents. In my view, this is a fit case for appointment of Court Receiver. Since, the suit flat was sold to respondent No.1, respondent No.1 cannot be evicted from the suit flat and he can be appointed as the agent of the Court Receiver upon depositing the monthly Royalty @Rs.1,14,209/- being the EMI. The Court Receiver takes possession of the suit flat and appoint respondent No.1 as an agent of the Court Receiver. If the possession is taken in the midst of the month, the Royalty amount shall be payable for that month. If respondent No.1 fails to pay the Royalty or commit any two defaults in the matter of ( 2 ) payment of Royalty, the Court Receiver shall sell the suit flat and after deducting the expenses for the sell and Receiver’s charges, pay the amount to petitioners. In view of the aforesaid discussion, I pass following order :- ORDER ORDER ORDER . The Receiver, High Court, Bombay is appointed in respect of the flat in question. . The Receiver, High Court Bombay shall take formal possession of the suit flat and appoint respondent No.1 as an agent of the Court Receiver, if somebody else other than respondent No.1 is found in possession of the suit flat, the Court Receiver shall take physical possession of the suit flat may be with the help of the Police and lock the suit premises and report to the Court. . Respondent No.1 shall pay the monthly Royalty of Rs.1,14,209/- on or before 10th of each month. The Receiver shall pay the said amount to the petitioners. If the Receiver takes formal possession of the suit flat in the midst of the month, the payment of Royalty ( 3 ) will be made for that month. Respondent No.1 shall execute usual agreement of agency and shall execute usual undertaking. If there are any two defaults in the matter of payment of Royalty, the Court Receiver shall sell the suit flat by public auction. From and out of the sale proceeds Receiver shall deduct expenses for the sale and his charges and pay balance amount to the petitioners. Upon doing this, the Court Receiver shall stand discharged. Till such time Court Receiver takes formal possession of the suit flat, there shall be an order of injunction restraining respondent Nos.1 and 2 from creating any third party rights and or parting with possession as set out in prayer clause (b). . Petition stands disposed of with no order as to costs. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)