-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 328 OF 2009 IN SUIT NO. 2677 OF 2008. Mr. Mahendra K. Salian & Anr. ..Plaintiffs. Versus Mr. Shashikant Appu Nair & Ors. ..Defendants. Mr. K. B. Adyanthoga for defendant nos. 2 & 3. Mr. Madhav Jamdar for the defendant no.1. Ms. Prachi Tatake for the plaintiffs. Mr. K. L. Vyas, Court Receiver. Coram : R. V. MORE, J. Date : January 28, 2010. P. C. : 1. By order dated 12th August 2009 passed in Notice of Motion No. 3271 of 2008 this court allowed the said notice of motion partly in terms of prayer clause (b) and in terms of prayer clause (a) and the Court Receiver was given direction to take symbolic possession of the suit premises and appoint the defendant no.1 as an agent of the Court Receiver with further direction that the defendant no.1 shall pay royalty of Rs. 5,000/- per month and security deposit of Rs. 50,000/- from September 2009 onwards. 2. The present report is filed by the Court Receiver for directions to take forcible possession of the suit premises as defendant no.1 refused to give possession of the suit premises to him. 3. Mr. Madhav Jamdar, learned counsel appearing on behalf of the -: 2 :- defendant no.1 submitted that the defendant no.1 has challenged the aforesaid order dated 12th August 2009 by filing an appeal before the Division Bench and same is pending for admission. He further submitted the defendant no.1 will comply with the order dated 12th August 2009 within the period of two weeks from today subject to the order that may be passed by the Appellate Court in pending appeal. In view of the aforesaid statement, the defendant no.1 is granted two weeks’ time to comply with directions contained in the order dated 12th August 2009 passed in Notice of Motion No. 3271 of 2008. Needless to mention that this order will be subject to the outcome of appeal filed by the defendant no.1 before the Division Bench. In these terms the Court Receiver's report is disposed of. The cost of the Court Receiver's present report is quantified at Rs.1,000/- and shall be borne by the defendant no.1. (R.V. MORE, J.)