1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.437 OF 2009 IN WRIT PETITION NO.811 OF 2006 Shri Satish Bhatnagar & Ors. ..Applicants. V/s. Vinod Rajkumar Bhatnagar & Ors. ..Respondents. Mr.P.S.Dani i/b. Divya Shah Associates for applicants. Mr.E.A.Sasi for Respondent Nos. 12 and 13. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. By this Application, the Applicants pray that the royalty amount fixed by the Court Receiver in the sum of Rs.51,000/- per month in respect of the suit premises be reduced being excessive. The argument clearly overlooks the background in which the said amount has been arrived at by the Court Receiver. On the earlier occasion, the Petitioners/applicants filed Civil Application No.2559 of 2007. After hearing Counsel for the parties, it was ordered that it will be open to the Court Receiver to appoint 2 interested person as an agent of the Court Receiver on such terms and conditions, as may be warranted. Pursuant to the said order, the Court Receiver proceeded to appoint the Applicants/Petitioners. That arrangement has not been challenged by any one else as of now. However, the Petitioners are questioning the royalty amount fixed by the Court Receiver being excessive. This argument will have to be turned down, having regard to the fact that it is the Applicants themselves who had offered to pay that amount by way of royalty which offer was accepted by the Court Receiver, as recorded in his order dated 10th September, 2007 r/w 12th September, 2008. 3. To get over this position, Counsel for the Applicants would now submit that the requirement of fixing royalty amount would have been only if the Respondent No.1(c) was to contest the claim of the Petitioners. However, he has given up the said claim. That position obtained even before 23rd July, 2008, which fact is not in dispute. If it is so, it was open to the Petitioners/applicants to make that submission when the order dated 23rd July, 2008 was passed by this Court accepting the Court Receiver appointing interested person on such terms and conditions, as may be warranted. Royalty amount is 3 one of the condition for appointing interested person as agent of the Court Receiver. Admittedly, the Applicants have not challenged the order dated 23rd July, 2008 and have allowed the same to become final. Moreover, as observed earlier, it is the applicants who have offered royalty amount at Rs.51,000/-. Taking any view of the matter, no indulgence can be shown in this Application. 4. Counsel for the Applicants would then submit that in any case, property prices have fallen drastically and in the changed situation, the outgoing of Rs.51,000/- towards royalty amount would be excessive and unreasonable. The fact that the property market is fluctuating, cannot be the basis to keep on changing the royalty amount from time to time. The royalty amount has been fixed in September, 2008. Obviously keeping in mind all parameters and ground reality, as aforesaid, it is the Applicants who have offered amount of Rs.51,000/- towards monthly royalty amount in respect of the suit premises. In the circumstances, there is no substance in this Application. The same is dismissed. 5. Counsel for the Applicants submits that in 4 that case, Applicants may be permitted to renew prayer for early hearing. It is not possible to give fix date of hearing for this Writ Petition, which pertains to year 2006 only. In that, the expedited category of Writ Petitions which are presently on board for hearing pertain to year 1991. In the circumstances, even this request of the Applicants/Petitoners will have to be turned down while directing the Office to process the Writ Petition in expedited category as per its turn. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)