1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1866 OF 2009 IN SUIT NO.1385 OF 1984 Mrs.Piloo Fali Bomanji & Ors. ...Applicants/Plaintiffs Versus M/s.Formac Engineering Limited ...Defendant ...... Mr.Mustafa Doctor with Ms.Kirtida Chandarana i/b Mahernosh Humranwala for Applicants/Plaintiffs. Mr.M.P.S.Rao with Ms.Savita Sadanand & Mr.Prasanna Tare i/b Vigil Juris for Defendant. ...... CORAM: V.M. KANADE, J. DATE : 8th FEBRUARY, 2010 P.C.: 1. Sir rejoinder filed by Defendant is taken on record. Heard learned Counsel appearing on behalf of the Plaintiffs and learned Counsel for the Defendant. 2. Pursuant to the order passed by this Court dated 5th November 2009, the Plaintiffs have filed this Chamber Summons seeking appropriate orders from this Court. The 2 case of the Plaintiffs is that initially Court Receiver had fixed a royalty by order dated 10th December 1994. It is submitted that much time has elapsed from the first order and the valuation of the property has enhanced and therefore, it is necessary to enhance the royalty amount. Parties have also filed their affidavit in support, reply, rejoinder, sir-rejoinder, etc. on record. The report also has been filed by the valuer who was appointed pursuant to the directions given by this Court. 3. In this view of the matter, in my view, it would be appropriate if the royalty amount is refixed by the Court Receiver after taking into consideration the submissions made by the Plaintiffs and the Defendant. No further pleadings are necessary since both the parties have filed their objections in the form of reply, rejoinder and sir rejoinder in this Chamber Summons. The same be treated as their objections before the Court Receiver. 4. The Court Receiver, accordingly, on the basis of the report filed and the objections raised by the Defendant and 3 the submissions made by both the parties shall refix the royalty amount in view of the time elapsed from the date of the earlier order as expeditiously as possible and in any case, within a period of eight weeks from today. Both the parties shall cooperate with the Court Receiver. 5. Chamber Summons accordingly disposed of. (V.M. KANADE, J.)