1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.837 OF 2009 IN SUIT NO.2939 OF 1991 M/s. SWASTIK SUFACTANTS LTD. ..PLAINTIFF VS. Mrs ARATI BANERJEE & ORS. ..DEFENDANTS Mr. Simil Purohit with Lata Bachani i/b I.R.Joshi for the Plaintiff Ms. Manjiri Shah i/b Pravin Mehta & Mithi & co. for Defendant No.1A to 1B CORAM: SMT ROSHAN DALVI, J. DATED: 12 th March, 2009 P.C.: 1. Court Receiver was appointed by order dated 15.12.1993 in this suit. Defendant was directed to be the agent of the Court Receiver. Defendant expired. His heirs have been brought on record. Defendant No.1 is his wife. She is now applying for being appointed as agent of the Court Receiver. She pays royalty of Rs.8000/- per month to the Court Receiver. 2. Since she has herself applied for being the agent of the Court 2 Receiver she shall have to pay the royalty as fixed by the Court Receiver. That royalty shall have to be fixed afresh now. The original Defendant expired in 2006, hence the fresh terms and conditions shall take effect from the date of his death. Hence the following order : Defendant No.1 is appointed as agent of the Court Receiver not upon the same terms and conditions as in order dated 15.12.1993 or any other order passed in the suit, but upon the fresh terms as will be decided by the Court Receiver. Defendant No.1 shall pay the royalty as fixed by the Court Receiver from the date of the death of the original Defendant. (Smt Roshan Dalvi, J)