1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.2559 OF 2009 IN SUIT NO.1489 OF 2006 Sheela Anant Chavan & 2 ors. .... Plaintiffs vs Manohar S. Chavan & 4 ors. ... Defendants Mr. A. G. Damle for the plaintiffs. Mrs. S.A. Dhamale for the defendants. CORAM: ANOOP V. MOHTA, J. DATE : 29th July, 2009 P.C.: 1 This notice of motion is taken out as the Receiver took possession of the open plot on 16.07.2009 because of default committed by the plaintiffs in making the payment of royalty as per the Royalty Agreement. 2 Without observing anything on the merits of the matter and considering the averments and in the interest of justice, to give one more chance, I am inclined to grant this motion in terms of prayer (a) only. That is subject to depositing the total arrears/monthly royalty within 15 days as last chance. It is made clear that any default hereinafter that itself should be the ground to hand over the possession back to the Receiver without even reference to court’s order. 3 The plaintiffs to give undertaking accordingly along with the payment. 4 So far as other prayers, i.e. prayers (b), (c) and (d), are concerned, the 2 plaintiff is not pressing at this stage. Even otherwise, unless the plaintiffs comply with the above order, at this stage, no such relief can be granted. However, liberty is granted to apply after compliance of the above order. 5 This is subject to cost of Rs.15,000/- to be paid to the defendants within 15 days from today as a condition precedent. 6 Notice of Motion stands disposed of accordingly. No costs. (ANOOP V. MOHTA, J.)