1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk COURT RECEIVER’S REPORT NO. 98 OF 2010 IN NOTICE OF MOTION NO. 3762 of 2008 IN SUIT NO. 3041 OF 2008 Smt. Kashmira B. Javeri & Ors. .. Plaintiffs Vs. Donatus Anthony alias Donatus & Ors. .. Defendants Mr. S. P. Dalal i/b Dalal & Co. for the Plaintiffs. Mr. T. R. Yadav for the Defendants. Mr. G. G. Ketkar, 1st Assistant to Court Receiver. CORAM : MRS. ROSHAN DALVI, J. DATE : 8th July, 2010. P.C. 1. Plaintiff No.1 is admittedly the owner of the suit flat. Plaintiff No.1 entered into an agreement for the sale of the suit flat with Defendant Nos.1 & 2. Defendant Nos. 1 & 2 did not make payment of the entire purchase price. Defendant Nos. 1 & 2 were put in possession. Hence the suit has been filed. Court Receiver has been appointed. Defendant No.1 is appointed an agent of the Court Receiver upon deposit of payment of Rs. 5,00,000/- and payment of monthly compensation. Rs. 5,00,000/- is not deposited. Monthly compensation is not paid. The agency cannot continue. Defendant No.1 applies for further time to make payment. 2 2. Defendant No.1 otherwise must hand over the suit flat. Hence the following order :- :: O R D E R :: 1. Defendant No.1 shall deposit in Court sum of Rs. 5,00,000/- as also the arrears of the monthly compensation as computed by the Court Receiver from the date of appointment of the Court Receiver until this month within 4 weeks from today, failing which the Court Receiver shall take possession from the Defendants and hand over the same to Plaintiff No.1. In that case Plaintiff No.1 shall forthwith execute the agency agreement as also the usual undertaking. Plaintiff No.1 or Plaintiff Nos.2 & 3 to whom the flat has been sold shall thereafter be in possession of the suit flat as agent of the Court Receiver without payment of any further amount. 2. Court Receiver’s Report is disposed of accordingly. ( ROSHAN DALVI, J.)