1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLN. NO. 3808 OF 2009 IN FIRST APPEAL NO. 1874 of 2007 Leela T. Thadani ... Applicant Vs. The Court Receiver, High Court,Mumbai & Ors. ... Respondents Dr. Santosh D. Raje, Advocate, for the applicant. Shri R.B.Jaiswal, advocate for the respondent No.2. Smt. R.S.Gulekar, Section Officer, Representative of Court Receiver present i Court. CORAM: J.H.BHATIA,J. DATE : 7th October, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. The present application is filed by the original plaintiff and respondent in the First Appeal. The appeal has been filed by the defendnat who claims to be tenant. The Court Receiver was appointed and the appellant was appointed as agent of the Court Receiver. He was paying royalty at the rate of Rs.2,000/- per month which he deposited upto February 2008. Thereafter he failed to deposit the royalty amount and as per the Court order, the Court Receiver has taken back possession from him on 23.9.2008 and since then the 2 suit premises are closed and are under the lock and key of the Court Receiver. 3. By this Application, the applicant seeks permission to use that property and also seeks direction that the royalty amount which has been deposited by the appellant with the Court Receiver may be paid to the applicant. It is reported that an amount of Rs.1,36,354/- is lying with the Court Receiver in deposit. Admittedly, the applicants are the owners of the property, while according to them, the appellant was only permitted to keep some drums, etc., while according o the appellant, he was a tenant paying rent of Rs.1200/-. Taking into consideration even the stand taken by the appellant, no purpose will be served by keeping the same under lock and key. 4. Therefore, the Court Receiver is directed to appoint plaintiffs/applicants as agents in respect of the suit property without payment of any royalty on usual terms and conditions. The amount of royalty lying in deposit with the Court Receiver, after deduction of the expenses of the Court Receiver, be paid to the applicants on their furnishing security to the satisfation of the Court Receiver to bring back the money as and when directed, with interest at the rate of 10% per annum thereon. The question of recovery of arrears of the 3 royalty from the appellant/defendant shall be dealt with at the time of final hearing of the Appeal. Application stands disposed of. (J.H.BHATIA,J.)