1 Caf-1850.08and2152.06 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1850 OF 2008 AND CIVIL APPLICATION NO. 2152 OF 2006 IN FIRST APPEAL NO. 350 OF 1996 C.A.NO. 1850 OF 2008 Kamladevi, W/o Shyamraj Ramsaran Yadav & Ors. .. Applicants Vs Devraj Yadav & Others. .. Respondents -- Shri Suresh Dubey for the Applicants. C.A.NO. 2152 OF 2006 Devraj Yadav .. Applicant Vs Kamladevi, W/o Shyamraj Ramsaran Yadav & Ors. .. Respondents -- Shri Suresh Dubey for the Respondents. -- CORAM : A.S.OKA, J. DATE : 17TH JANUARY, 2011 P.C: . Civil Application No. 1850 of 2008 has been taken out by the Respondents in the First Appeal. The Respondents have been appointed as the agents of the Receiver. Prayer in this application is for allowing them to change the business from Diary business to that of a Retail outlet for the sale of iron and steel items. There is a reply filed by the Respondents to the Application who are appellants in the Appeal in which it is contended that the Applicants have already changed the user without obtaining the permission of the Court. 2 Caf-1850.08and2152.06 2. Civil Application No. 2152 of 2006 has been filed by the Appellant seeking a direction for enhancement in the royalty fixed by the Court Receiver. 3. After having heard the learned counsel appearing for the parties, I am of the view that there will not be any prejudice to the parties if change of user is permitted. However, the Respondents in the appeal will have to pay royalty at the enhanced rate from the date on which they have effected the change of user. Hence, the Applications are disposed of by passing the following order. ORDER (i) Civil Application No. 1850 of 2008 is allowed in terms of prayer (a). (ii) The Court Receiver after hearing both the parties will determine the enhanced royalty payable on account of change of user. The Receiver will have to ascertain the date on which the change of user has been actually effected and the royalty shall be made payable effective from that date. (ii) The royalty shall be fixed after hearing both the parties within a period of eight weeks from the date on which an authenticated copy of this order is produced before the Receiver. 3 Caf-1850.08and2152.06 (A.S.OKA, J)