IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 879 OF 2007 in SUIT NO.3990 OF 2003 Abdul Rasool A.Navroj & ors ... Plaintiffs Vs. M/s Kishore Industries & ors... Defendants Mr.M.M.Bagadia for Plaintiffs Mr.Sandip Parikh a/w Ms Deepali Bhalekar i.b M/s Bilawala & Co for Defendant nos. 2 to 7 CORAM CORAM CORAM : S.J.Vazifdar, J : S.J.Vazifdar, J : S.J.Vazifdar, J DATED DATED DATED : : : 5th March, 2008 5th March, 2008 5th March, 2008 P.C. P.C. P.C. 1. Following order is passed without prejudice to the rights and contentions of the parties : O R D E R (i) Court Receiver, High Court, Bombay is appointed as receiver of the suit premises. He shall however not insist security or royalty from the defendants ; (ii) Liberty to the defendant nos. 2 to 7 to apply for permission to carry out repairs to the suit premises. For this purpose, they shall approach the Court Receiver who shall make a report to this 2 Court. The repairs as may be found to be necessary may be carried out by defendant nos. 2 to 7. The same however, shall be under the supervision and as agent of the Court Receiver at their own costs ; (iii) The defendant nos. 2 to 7 shall pay a sum of Rs.8000/- per month to the plaintiffs. The payment of the said amount and receipt thereof by the plaintiffs shall be entirely without prejudice to the rights and contentions of the parties and shall be made on account subject to final orders if any at the hearing of the suit. The said amount of Rs.8000/- shall be paid by cheque drawn in favour of the plaintiffsand forwarded to the plaintiff’s advocate on or before 10th of each month. The payment shall commence from 10th of April, 2008. (iv) The defendant no. 2 shall however continue to pay the rent along with any statutory dues and permitted increases as may be applicable. It is clarified that this is on the basis of the defendant’s 3 own case and the plaintiffs do not admit that the defendants or any one of them had any tenancy or other rights in respect of the suit premises. (v) Till the Receiver takes possession the defendant nos. 2 to 7 shall not dispose of, alienate, encumber, part with possession of or create any third party rights, title and/or interest in, to, upon or in respect of the suit premises. 2. Needless to clarify that this order does not prevent any statutory authorities including B.M.C. from dealing with the property in accordance with law. 3. The parties have agreed that the evidence may be recorded by a Commissioner for recording evidence. In the first instance, costs of the Commissioner shall be paid equally by the plaintiffs and the defendants but, shall be subject to final orders at the hearing of the suit. For this purpose, the parties agree to obtain 4 the necessary directions after the issues are framed. The parties have not insisted for any reasons on this order. S.O. to 18th March, 2008 for framing issues.