1 crr193-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.193 OF 2011 IN NOTICE OF MOTION NO.2892 OF 2009 IN SUIT NO.1724 OF 2009 Mrs.Shirley Felcida Vinaykumari Sumitra .. Plaintiff versus Mrs.Julie D’Silva .. Defendant Mr.Rahul Rao a/w Ms.Neha Choksi i/by U.N.Jhaweri for the plaintiff. Mr.Prakash Fernandes for the defendant. Mr.K.K.Trivedi, 1st Assistant to the Court Receiver present. CORAM : S.C.DHARMADHIKARI, J. 23rd November 2011. P.C.: . The report is placed before the Court pursuant to earlier orders. 2} It is stated that an order was passed in the suit appointing the Court Receiver, High Court, Bombay as Receiver of the Flat No.C/410, 4th Floor, Raj Tower Co-operative Housing Society Ltd, I.C Colony, Borivali (West), Mumbai 400 103. The Court Receiver was directed to take possession, but not to dispossess the defendant-occupant therefrom provided the defendant-occupant is ready and willing to 2 crr193-11.doc execute an Agency Agreement. The receiver's report indicates as to how in pursuance of the orders passed by this Court, the Receiver took steps and draft of the Agency Agreement came to be finalised. However, the Court Receiver states in the report that he determined an adhoc royalty of Rs.6,000/- per month, bearing in mind the location of the flat, the area thereof and the prevalent rates in the vicinity. However, that adhoc sum has not been paid. In such circumstances, he has submitted a report seeking directions that he may be empowered to take such steps as are permissible in law. 3} The Court Receiver has further stated in the report submitted before this Court, that his representative has visited the flat and had found that none was in possession. Therefore, a meeting was fixed for taking possession forcibly. 4} When this report was placed before me, it was stated by the defendant that she requires time to file a reply. It was stated that the adhoc royalty determined by the Court Receiver is not affordable and at the most, the defendant can pay Rs.1,000/- per month. 3 crr193-11.doc 5} My attention is invited to the affidavit which has been filed and the annexures thereto. 6} After hearing the learned advocate appearing for the defendant and Mr.Rao appearing for the plaintiff, I am of the opinion that it will not be possible to go into the issues raised in reply to this report at this stage and in the limited powers. The Court has passed a reasoned interim order. It is stated that the said order has been confirmed by the Appellate Court and no further proceedings have been initiated to challenge the same. Under these circumstances, at this belated stage, it will not be possible for me to entertain any grievance with regard to the nature of the occupancy of the defendant and the rights, if any, claimed by the said defendant. 7} As far as the fixation of the royalty is concerned, in this reply, nothing has been brought forward which will indicate that the fixation of the adhoc sum is in any way exorbitant, excessive or arbitrary. Save and except stating that it will not be possible for the defendant to pay anything more and above Rs.1,000/- per month as monthly royalty, no material has been placed with a view to arrive at any conclusion and 4 crr193-11.doc particularly on the point that the Receiver has committed any error or his determination and fixation is vitiated otherwise. 8} For all these reasons, it is directed that the defendant shall continue to abide by the terms and conditions of the Agency Agreement including payment of the adhoc royalty amount of Rs.6,000/- per month. If arrears in relation to the royalty amount which are stated to be outstanding are paid or deposited within a period of six weeks from today and further sums as determined by the Court Receiver are paid from month to month, including the adhoc royalty amount, the defendant shall continue with possession of the flat premises as the agent of the Court Receiver. However, if the arrears are not deposited within six weeks from today or if paid, further two defaults are committed in payment of monthly royalty amount, it will be open for the Court Receiver to take forcible possession of the flat/premises. 9} The Court Receiver's Report is disposed off in above terms. No order as to costs. (S.C.DHARMADHIKARI, J)