IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS No. 101 of 2008 IN SUIT NO.3091 OF 2001 Junot Chagas Pereira and 3 Ors ..Plaintiffs. Vs. Om Prakash Navani and 4 Ors ..Defendants. And Liz Investments Private Limited .. Applicant. WITH CHAMBER SUMMONS No. 279 of 2008 IN SUIT NO.3091 OF 2001 Junot Chagas Pereira & Ors .. Applicant. Vs. Om Prakash Navani & Ors. ..Defendants. And Liz Investments Private Ltd. ..Applicant in Chamber Summons No.101 of 2008. Mr Vaibhav Joglekar with Sandip Aole i/b Udwadia & Udeshi, Advocate for the Plaintiffs applicant in Chamber Summons No.279 of 2008. Mr S. K. Sen, Sr. Advocate with Pratik Sakseria i/b Paras Kuhad & Associates, Applicant in Chamber Summons No.101/2008. Ms Shradha Pathak i/b Law Charter for the Defendant Nos. 1 and 2. Mr A.Dasgupta i/b Jhangiani and Narula,Associates, Advocate for the Defendant No.3. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 4.03. 2008. DATED: 4.03. 2008. DATED: 4.03. 2008. P.C.:- P.C.:- P.C.:- 1. Parties to the chamber summons were heard. 2. Chamber Summons No. 101 of 2008 challenges the amount of royalty fixed by the Court Receiver. Whereas, Chamber Summons No. 279 of 2008 seeks direction against the Court Receiver to invite comments of the valuer "M/s Parelkar & Dallas". Having heard both the contesting parties and looking to the consensus between them; namely, the plaintiff and the agent of the Court Receiver, the following order is passed. ORDER:- 1. By consent of parties, the order dated 12.12.2007 passed by the Court Receiver, Bombay High Court, is hereby set aside. 2. The proceedings are remitted back to the Court Receiver for consideration afresh keeping open all rival contentions and issues raised by the parties hereto in their respective chamber summons and pleadings filed in support thereof including the calling of the report and with respect to the report of M/s Parelkar & Dallas dated 18.1.2008 and power to enhance royalty by the Court Receiver. 4. The Court Receiver is directed to decide the quantum of royalty to be fixed following principles of natural justice within eight weeks from today. 5. Until the orders are passed by the Court Receiver, the applicant/Agent of the Court Receiver shall pay Rs.1,75,000/- p.m. as and by way of Ad hoc Royalty w.e.f. 1.1.2008. The difference between royalty and Ad hoc royalty be paid from 1st January, 2008 within four weeks from today. The said payment shall be subject to the orders that may be passed by the Court Receiver. The ad hoc royalty is fixed without prejudice to the rights of either of the parties since both the parties had left it to the discretion of the Court. 6. Order accordingly. Both chamber summons stand disposed of in terms of this order with no order as to costs. JUDGE.