`Chs.1607.11 1 S. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1607/2011 IN SUIT NO.2548/2007 WITH NOTICE OF MOTION 2947/2011 Prakash Devidas Shah Plaintiff Vs. Kartik Kanakia and Anr. Defendants Dr.B.B.Saraf a/w Mr.Ashish Rao i/b M & M Legal Venture for Plaintiff Ms.Rohini Dandekar for Deft.2 Mr.K.V. Kanakia, Defendant no.1 in person .... CORAM : S.J. KATHAWALLA, J. DATE : 3rd OCTOBER,2011 P.C. : . The present Chamber Summons is taken out by the Defendant no.1 who is appearing in person. In the Chamber Summons the Defendant no.1 has prayed that the order dated 30th July,2011 passed by the Court Receiver fixing Royalty of Rs.30,000/- for the two flats i.e. Rs.15,000/- each is on a higher side and the same be set aside. Defendant no.2 who is the wife of Defendant no.1 has also taken out Notice of Motion No.2947/2011 wherein she has interalia prayed for a similar relief. `Chs.1607.11 2 2 The Court Receiver had fixed the Royalty payable by the Defendant Nos.1 and 2 in respect of the two flats pursuant to the order dated 29th November, 2010 passed by this Court. Defendant no.1 who is appearing in person as well as Advocate for Defendant no.2 submitted that the Defendants are not in a position to pay any amount to the Court Receiver towards royalty and if the Defendants are made to vacate both the flats they will virtually be on the streets. 3 In view thereof after hearing the Advocates for the parties and the Respondent no.1 the following order is passed by consent of the parties. (a) The Defendant Nos.1 and 2 shall hand over vacant possession of the Flat admeasuring 437 sq.ft. in Sumangal Co-op.Hsg.Society, Vile Parle(West), Mumbai to the Court Receiver, on or before 18th October, 2011. The Court Receiver shall after inviting offers and fixing monthly royalty, give the said flat on leave and license basis for a period of 22 months at a time. (b) In the event of Defendant Nos.1 and 2 failing to give vacant possession of the said flat to the Court Receiver on or before 18th October, `Chs.1607.11 3 2011 the Court Receiver shall take forcible possession of the said flat if necessary by Police help. (c) The Defendant Nos.1 and 2 shall continue to be in possession of flat at Vil Pazir Co-op.Hsg.Society, Vile Parle, without any payment towards the security and royalty. (d) In view of this order, Defendant no.2 has not pressed Notice of Motion no.2947/2011 and the issues raised in the said Notice of Motion shall be raised by the Defendant No.1 at the time of the hearing and final disposal of the suit. 4 Hearing of the suit is expedited. 5 Written Statement to be filed within a period of 8 weeks from today. 6 Place the suit for framing of issues on 5/12/2011. 7 Chamber Summons as well as the Notice of Motion stand disposed of. All the parties and the Court Receiver shall act upon as `Chs.1607.11 4 ordinary copy of this order, duly authenticated by the Associate of this Court. [ S.J. KATHAWALLA, J. ]