1 WP NO.8156 /11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8156 OF 2011 Jayadutt Vithal Surve : Petitioner versus Smt.Vijaylaxmi Yadav and ors. : Respondents. Mr. S M Suryawanshi for the Petitioner. CORAM:- R M SAVANT, J DATED :- OCTOBER 07, 2011. P.C. 1 The above Petition takes exception to the order dated 5th July 2011 passed by the Court Receiver by which order the royalty to the tune of Rs.2500/- per month was fixed in respect of the premises in question. It is the contention of the learned counsel for the Petitioner that the said royalty fixed is exorbitant considering the size of the premises in question and the nature of the business carried out. 2 Perusal of the impugned order discloses that the Court Receiver has taken into consideration the relevant facts. The Court Receiver has noted the fact that when the Court Receiver was appointed 2 WP NO.8156 /11 for the first time in the year 1992, the royalty fixed was at the rate of Rs. 700/- per month and considering the rate of inflation, the royalty at the rate of Rs.2500/- per month would be reasonable. It is pertinent to note that the said royalty has been fixed after hearing the Petitioner who has been appointed as an agent of the Court Receiver pursuant to the order passed by the learned Judge of the City Civil Court, Mumbai on 22/12/2009. 3 In my view, the reasons mentioned for supporting the royalty fixed at Rs.2500/- per month are unexceptional and do not call for any interdiction at the hands of this Court in its writ jurisdiction under Article 227 of the Constitution of India. 4 In so far as arrears of royalty of Rs.53310/- are concerned, the Petitioner is granted a further time of eight weeks from date to pay the said amount as and by way of last indulgence. 5 In the light of the above, the Writ Petition to stand dismissed. (R M SAVANT, J)