1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Civil Application No.2487 of 2009 In First Appeal No.57 of 2006 Bismilla Mohammed Umer since deceased through his Lrs. 1. Smt. Jaibunisa B. Shaikh & ors. Applicants Vs. Smt. Halimbi Abdul Malik & ors. Respondents Mr.Manish Upadhye for applicants. Mr.G.T.Kambale h/f. Mr.S.G.Deshmukh. CORAM: B.H.MARLAPALLE ,J. September 4, 2009. P.C. 1. This application filed by the original plaintiff prays for modification of the order dated 19/3/2009 passed in Civil Application No.1325 of 2009. It was stated in the said order by way of clarification to the earlier order dated 17/2/2009 that the Court Receiver will invite bids from the plaintiffs- respondents and the applicants for running the suit shop so as to put it to use and whosoever offers higher amount will be handed over with the possession of suit shop by the Court 2 Receiver and the monthly amount of compensation so received by the Court Receiver shall be invested in fixed deposit. Such compensation and the total amount so received by way of compensation during the pendency of the appeal shall be subject to the final order undoubtedly. 2. While hearing this application the parties were directed to submit their offers of monthly compensation in a sealed envelope and accordingly both of them i.e. the plaintiff as well as defendants have submitted such offers. The plaintiff has quoted a monthly compensation of Rs.5000/- to use / occupy the said shop and to run business therefrom without prejudice to their rights and contentions in the pending appeal. When it was pointed that the said offer is much below the offer made by the defendant (Rs.8,786/- per month), the plaintiff agreed that he will pay compensation more than the compensation offered by the defendant. Whereas the defendant is not willing to go beyond Rs.8786/- quoted by him. 3. Hence the monthly compensation for the use of the suit shop is hereby fixed at Rs.9000/- which the plaintiff shall pay to the Court Receiver and he will put in use the suit shop for 3 running the business by himself. The Court Receiver will invest the said amount of compensation which shall be subject to the final outcome in the pending appeal. This arrangement shall come into effect from 1st October 2009 and it is made clear that even one default in payment of compensation shall be brought to the notice of this Court by the Court Receiver. The compensation shall be deposited before 10th day of every month that means for the month of October it will be deposited before 10th October. 4. Civil Application disposed off in terms of the above order. (B.H.MARLAPALLE,J.)