IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.1521 OF 2006 NO.1521 OF 2006 NO.1521 OF 2006 CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.271 OF 2007 NO.271 OF 2007 NO.271 OF 2007 IN IN IN SUIT SUIT SUIT NO.93 NO.93 NO.93 OF 2005 OF 2005 OF 2005 Vinodkumar Vinodkumar Vinodkumar Thakhatmal Thakhatmal Thakhatmal Kacchara .. Plaintiff Kacchara .. Plaintiff Kacchara .. Plaintiff vs vs vs Sohanlal Sohanlal Sohanlal Vardichand Vardichand Vardichand Dhakad & anr.. Dhakad & anr.. Dhakad & anr.. Defendants Defendants Defendants Mr.S.A.Sawant Mr.S.A.Sawant Mr.S.A.Sawant with with with Mr.H.V.Kode for Plaintiff Mr.H.V.Kode for Plaintiff Mr.H.V.Kode for Plaintiff Mr.S.C.Naidu Mr.S.C.Naidu Mr.S.C.Naidu i.b i.b i.b Pratap Singh for Defendant nos.2 Pratap Singh for Defendant nos.2 Pratap Singh for Defendant nos.2 & 3 3 3 Mr.Dipesh Mr.Dipesh Mr.Dipesh Siroya Siroya Siroya i/b L.J.Law for Defendant No.1 i/b L.J.Law for Defendant No.1 i/b L.J.Law for Defendant No.1 Mr.D.V.Deokar,Ist Mr.D.V.Deokar,Ist Mr.D.V.Deokar,Ist Asst Asst Asst to C.R. and Mr.C.B. to C.R. and Mr.C.B. to C.R. and Mr.C.B. Bhogaonkar Bhogaonkar Bhogaonkar 2nd Asst. to C.R.present 2nd Asst. to C.R.present 2nd Asst. to C.R.present CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : 2nd March, 2007 : 2nd March, 2007 : 2nd March, 2007 P.C. P.C. P.C. 1.1.1. Court Receiver has been appointed in respect of Court Receiver has been appointed in respect of Court Receiver has been appointed in respect of the the the suit premises which is a shop being shop no.1 suit premises which is a shop being shop no.1 suit premises which is a shop being shop no.1 inin in Shradha Apts Cooperative Housing Society on Shradha Apts Cooperative Housing Society on Shradha Apts Cooperative Housing Society on C.T.S.No.279 C.T.S.No.279 C.T.S.No.279 at Kurla, Mumbai admeasuring 171 at Kurla, Mumbai admeasuring 171 at Kurla, Mumbai admeasuring 171 sq.ft. sq.ft. sq.ft. The valuation of the suit shop shown in the The valuation of the suit shop shown in the The valuation of the suit shop shown in the plaint plaint plaint is Rs.8,00,000/-. The defendant nos. 2 and is Rs.8,00,000/-. The defendant nos. 2 and is Rs.8,00,000/-. The defendant nos. 2 and 3 admit that valuation. admit that valuation. admit that valuation. 2.2.2. The defendant no.3 is put in possession of the The defendant no.3 is put in possession of the The defendant no.3 is put in possession of the suit suit suit premises as agent of the Court Receiver premises as agent of the Court Receiver premises as agent of the Court Receiver "subject "subject "subject to usual conditions regarding payment of to usual conditions regarding payment of to usual conditions regarding payment of royalty royalty royalty and security". and security". and security". 3.3.3. A review from the order for payment of the A review from the order for payment of the A review from the order for payment of the royalty royalty royalty and security has been rejected. The and security has been rejected. The and security has been rejected. The defendant defendant defendant no. 3 therefore has to pay royalty no. 3 therefore has to pay royalty no. 3 therefore has to pay royalty 2 subject subject subject to usual conditions thereof. The property to usual conditions thereof. The property to usual conditions thereof. The property isisis admittedly worth Rs.8,00,000/-. Court Receiver admittedly worth Rs.8,00,000/-. Court Receiver admittedly worth Rs.8,00,000/-. Court Receiver has has has fixed valuation at Rs.10,000/-p.m. The return fixed valuation at Rs.10,000/-p.m. The return fixed valuation at Rs.10,000/-p.m. The return on on on an investment of Rs.8,00,000/- is accurately an investment of Rs.8,00,000/- is accurately an investment of Rs.8,00,000/- is accurately Rs.10,000/-. Rs.10,000/-. Rs.10,000/-. Therefore ad-hoc royalty need not be Therefore ad-hoc royalty need not be Therefore ad-hoc royalty need not be interfered interfered interfered with. There shall be no order on both with. There shall be no order on both with. There shall be no order on both the the the Chamber summons. The defendant no. 3 shall Chamber summons. The defendant no. 3 shall Chamber summons. The defendant no. 3 shall pay pay pay the the the royalty fixed if not paid within two weeks. royalty fixed if not paid within two weeks. royalty fixed if not paid within two weeks. The The The defendant no.3 shall continue to pay royalty as defendant no.3 shall continue to pay royalty as defendant no.3 shall continue to pay royalty as directed. directed. directed. If the defendants default, the Court If the defendants default, the Court If the defendants default, the Court Receiver Receiver Receiver shall adopt usual due procedure. shall adopt usual due procedure. shall adopt usual due procedure. (Smt (Smt (Smt R.S.Dalvi, J) R.S.Dalvi, J) R.S.Dalvi, J)