1 app529.830.09.sxw ast/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 529 OF 2009 IN CHAMBER SUMMONS NO. 311 OF 2008 IN SUIT NO.1989 OF 1995 Vertex Trading Co. & Anr. .. Appellants. V/s. Sanjeev alias Sanjay Subash Grover. .. Respondent. WITH APPEAL(L) NO. 830 OF 2009 IN CHAMBER SUMMONS NO. 311 OF 2008 IN SUIT NO.1989 OF 1995 Sanjeev alias Sanjay Subash Grover. .. Appellant. V/s. Vertex Trading Co. & Anr. .. Respondents. --- Mr. D.D.Madan, Sr.Counsel with S.S.Purohit and M. Rizvi i/b. Thakore Jariwala & Asso. For appellants in Appeal No.529/09 and for Respondents in App(l) No. 830/09. Mr.V.M.Thorat with Ms.Pooja Thorat i/b. M.V.KIni & Co. for Respondent in Appeal No.529/09 and for appellant in App(l) No.830/09. --- 2 app529.830.09.sxw CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: APRIL 5, 2010 P.C.: 1. Admit. 2. By consent of the parties, Appeal is heard finally. 3. Both the Appeals challenge the same order. By consent of the parties, the appeals are disposed of on the following terms. (i)The order impugned is set aside. (ii)The Receiver is directed to appoint a valuer to recommend to the Receiver what would be the appropriate amount of royalty, to be paid by the agent. The Receiver shall supply copies of the valuation reports, which are present on 3 app529.830.09.sxw the record of the Receiver and ask the new valuer, to be appointed, to consider these three reports, as also do his own valuation. (iii)After new valuer submits his report, copy of that report shall be supplied to both the parties. Both the parties within three weeks from receiving the report shall submit their submissions and objections in writing to the Receiver. (iv)The Receiver,thereafter, shall fix amount of royalty by a reasoned order. Remedy available to both sides against order of Receiver fixing royalty amount is kept open. (v)Till Receiver fixes amount of royalty freshly, the agent shall continue to pay royalty, without prejudice to their 4 app529.830.09.sxw rights and contentions and subject to determination of royalty amount by the Receiver, at rate of Rs.40,000/-. 4. Both appeals are disposed of accordingly. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.)