1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1590 OF 2009 IN SUIT NO.4261 OF 1998 B.B.Khadang .. Plaintiff Versus Ashabai Kashid .. Defendant None for plaintiff Mr.V.Y.Sanglikar for defendant Ms.Avasare 2nd Assistant to Court Receiver present. CORAM : S.C. DHARMADHIKARI, J. DATE : 12th October, 2009. P.C. : 1] The Court Receiver has been appointed in a suit under section 6 of the Specific Relief Act and the defendant was to continue as his agent. 2] The present chamber summons is moved by the defendant for extension of time to pay the arrears of royalty which are stated to be due and payable from February 2009 till date. The monthly royalty is Rs. 7000/- per month and it is fairly stated that a sum of Rs.63,000/- is in arrears. 3] Mr.Sanglikar learned Counsel appearing in support of the chamber summons contended that the Agent of the Receiver is a widow aged 70 2 years and unwell. She does not have any issues nor are their any relatives to support her. The premises are a small shop wherein the business of hair cutting saloon was conducted. The plaintiff was inducted not in any substantial capacity but as an employee. It is contended that the defendant has been appointed as an Agent of the Receiver and since 1992 i.e. prior to the institution of this suit and when the matter was before the City Civil Court and for the last 10 years or more, the amounts are being regularly paid to the Court Receiver. However, now the defendant is finding it difficult to sustain herself and some amount may be released in her favour subject to an undertaking being furnished by her that in the event the Court orders that the defendant should pay monies to the plaintiff or deposit the same with the Court Receiver, subject to her legal rights and contentions, the defendant will comply with such orders and directions. 4] Mr.Sanglikar states that plaintiffs' Advocate has expired. Defendant proceeded to serve a copy of the present chamber summons and affidavit on the plaintiff but he refused to accept the same. Plaintiff is very much available at the address mentioned in the cause title but he did not accept the papers and that is how the affidavit of service proceeds. Mr.Sanglikar states that it would be filed by15th October 2009. 5] Considering the uncontroverted averments in the affidavit in support 3 of the chamber summons and in the facts peculiar to this case, time to pay the arrears is extended by eight weeks from today. Further, on the defendant's filing an undertaking in this Court in the aforementioned terms, the Court Receiver to allow the defendant to withdraw a sum of Rs.2 lakhs which are lying with the Court Receiver. The Court Receiver to release the sums on defendant producing a copy of the undertaking duly filed and, thereafter, the defendant must comply with the condition to pay the arrears. If the arrears are not paid, it would be open for the Court Receiver to take appropriate steps in accordance with law. Chamber summons is made absolute in the aforesaid terms. (S.C. DHARMADHIKARI, J.)