1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2270 OF 2008 IN FIRST APPEAL NO.390 OF 2008 M/s.Deepti Air Systems and Fabricators Pvt.Ltd. & Anr. : Applicants versus Smt.Shanta Wd/o P.V.Venkatesh and another : Respondents. Shri.Rakesh K Agrawal for the Applicants Ms.Manjiri Shah i/by Shri Mohan Kumar for Respondent No.1. CORAM : R.M.SAVANT, J. DATED : August 12, 2008 P.C. 1. By the above Civil Application, the Applicants/Original Appellants seek following reliefs :- “(a) This Hon'ble Court may please to direct the Court Receiver to accept the royalty for the period from 28.7.2004 to 11.10.2004 (about 2 ½ months) and from 2.3.2007 till 28.12.2007 (about 10 months) and from 2 the period from 29.12.2007 till this day at such rate as this Hon'ble Court may deem fit and proper. (b) This Hon'ble Court may please to direct the Court Receiver to remain in formal possession of the suit property; without royalty hence forth till the disposal of this appeal; (c) In alternate to prayer clause (b) above, this Hon'ble Court may please to discharge the Court Receiver formally appointed on the suit property without disturbing the Applicants possession; (d) This Hon'ble Court may please to direct the Court Receiver to refund and return the sum of Rs.3,60,000/- paid and deposited by the Petitioner (in accordance with the Order dated 18/3/2008 to show his bonafied), to the Petitioner, after deducting the royalty in accordance with the prayer clause (a) above for the period specified therein; (e) Ad-interim in terms of prayer clauses (a) and (b) or (c) be granted. 2. The principal grievance of the Applicants is that the final 3 royalty fixed at Rs.30,000/- per month by the Court Receiver is highly exorbitant considering the size and location of the premises and also considering that the premises are more than 60 years of old. 3. It would be pertinent to note that the Court Receiver had fixed the said royalty by taking into consideration the valuation report submitted by Shri Kishor H Parkar, the Panel Valuer of the Bombay City Civil Court. Reading of the report of the Court Receiver dated 1.11.2007 fixing the royalty at Rs.30,000/- makes it ex facie clear that the said royalty has been fixed taking all the relevant factors into consideration and after hearing Shri Agrawal the learned counsel appearing for the Applicants above named , who had appeared before the Court Receiver. It would also be pertinent to note that on behalf of the Applicants a statement was made that 8 weeks time be granted to the Applicants/Plaintiffs to deposit the entire arrears of final royalty at the rate of Rs.30,000/- per month. The said arrears are from the date of the Court's Order dated 15/07/2004 till November 2007 when the report was submitted by the Court Receiver. Pertinently, the Applicants did not challenge the said report of the Court Receiver and in fact in my view could not have challenged the same, considering 4 the statement made on behalf of the Applicants which has been recorded in the said report of the Court Receiver. In any event, there is no ground in the memo of the First Appeal challenging the royalty fixed at the rate of Rs.30,000/- per month by the Court Receiver. 4. In my view, considering the basis for fixation of the said final royalty at Rs.30,000/- per month, the reliefs prayed for by the Applicants in the present Civil Application cannot be granted. The above Civil Application is, therefore, rejected. 5. Ms.Manjiri Shah, the learned counsel for Respondent No.1, states that on the basis of a statement as of date the arrears are to the tune of Rs.8,92,000/- on the basis of final royalty fixed. Shri Agrawal, the learned counsel for the Applicants, disputes the said figure. Without going into the correctness, the Applicants to deposit the said amount of Rs.8,92,000/- as directed below :- (i) by depositing Rs.3,00,000/- by 12/09/2008; (ii) by depositing Rs.3,00,000/- by 12/10/2008 and; (iii) by depositing balance amount of Rs.2,92,000/- by 12/11/2008 5 This is apart from the amount of Rs.30,000/- to be paid per month by the Applicants. 6. In case of default in payment of arrears in respect of any one clause in terms of aforesaid clauses (i), (ii) and (iii) and/or in case of default in payment of monthly royalty for any two months period, the ad-interim order granted earlier to stand vacated and resultantly, the Court Receiver then to take possession of the suit property. 7. It is clarified that the payment of Rs.8,92,000/- would be subject to the final accounting at the time of final hearing of the above First Appeal. 8. With the aforesaid directions, the above Civil Application is rejected. [R.M.SAVANT, J]