IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.224 OF 2009 IN SUIT NO.2357 OF 1992 Kiran Kantilal Dharia ..... Plaintiff V/s. Shailesh K.Doshi & Ors. ..... Defendants. Mr.Abhishek Sawant i/by Wadia Ghandy & Co., for the plaintiff. Mr.H.D.Buch, for defendant Nos.1 & 2. CORAM: R.Y.GANOO, J. DATED: 30TH JANUARY, 2009. P.C. 1. This notice of motion is taken out by defendant Nos.1 & 2. Heard the learned counsels on both the sides. The learned counsels on both the sides state that relief in terms of prayer clause (a) as regards extension of time to sale the suit property as per the consent terms dated 03-09-2007 be granted. 2. In my view, time upto 30-03-2010 can be granted so that the parties would be able to make various efforts to have the properties disposed of. So far as prayer clause (b) is concerned, the parties have expressed desire that a fit and proper person who may be able to pay appropriate royalty can be appointed as agent of the Court Receiver, as the 2 property in question is a land and structure standing thereon in the nature of closed industrial unit. The relief in terms of prayer clause (b) is reasonable, as the property must remain in the hands of somebody who would be able to pay something by way of royalty and parties can be benefited particularly when the Court Receiver is appointed. The parties want that a person who is agreeable to both the sides should be appointed as a agent of the Court Receiver. Royalty of course, will be fixed by the Court Receiver. With the aforesaid expressions, I am inclined to allow both these prayers. Hence, the order. : O R D E R : 1. Time to dispose of the suit property in terms of Clause 23 as prayed for is extended upto 30-03-2010. As of that dat, if the property is not sold, liberty is granted to apply for further time. 2. So far as prayer clause (b) is concerned, the same is granted. Parties are free to suggest the name of the person agreeable to them who may be appointed as agent of the Court Receiver. Once his name is informed to the Court Receiver, the Court Receiver shall appoint such person as agent of the Court Receiver on usual terms while fixing the royalty and security deposit. Once the name is given to the Court Receiver, the Court Receiver to act as expeditiously as possible. 3 3. Needless to mention that if for some reasons, the property does not get disposed of, liberty to the parties to approach this Court again for extension of the time as the intention disclosed in the consent terms has got to be fulfilled. ( R.Y.GANOO, J. )