1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.604 of 2008 in Suit No.448 of 2008 M/s Mangal Corporation & ors ..Plaintiffs vs. Mohammed Hussein Abid Zariwala ..Defendant Ms.P.G.Bhatia for plaintiffs. Mr.N.V.Gangal i/b Ms.Dhanashree Shende for defendant. CORAM: S.J.KATHAWALLA J. 17th June, 2009 P.C. 1 The Notice of Motion is disposed of by the following order which is passed by consent of the parties. i) Pending the hearing and final disposal of the suit the Court Receiver shall continue to be the Receiver in respect of the suit flat. ii)Pending the hearing and final 2 disposal of the suit, the defendant shall continue to be the agent of the Court Receiver in respect of the suit flat upon payment of Rs.28,000/- p.m. as royalty to the Court Receiver. iii)The defendant shall be at liberty to move an application before the Court Receiver to reduce the royalty amount. The defendant who is present in Court undertakes to the Court through his Advocate that if the Court Receiver comes to the decision that the royalty fixed at Rs. 28,000/- p.m. needs no reduction, the defendant shall accept that decision as final and shall continue to pay Rs. 28,000/- p.m. as royalty. The undertaking is accepted. 3 Needless to add that the Court Receiver shall pass orders on the application made by the defendant only after hearing the plaintiffs and considering their say. iv) Defendant shall pay the arrears of royalty to the Court Receiver within four weeks from today. (S.J.KATHAWALLA J.)