1 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 CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. CHAMBER CHAMBER CHAMBER SUMMONS NO. 1607 OF 2007 SUMMONS NO. 1607 OF 2007 SUMMONS NO. 1607 OF 2007 IN IN IN SUIT SUIT SUIT NO.1574 OF 1997 NO.1574 OF 1997 NO.1574 OF 1997 Usha Shiv Bhardwaj : Plaintiff versus Ramesh Ramrao Wandrekar & ors. : Defendants. And Court Receiver, High Court Bombay. : Respondent. Mr.C.M.Kothari for the Plaintiff. Mr.V.R.Tripathi for Defendant Nos.15(a) & 15(B) Mr.A.S.Khandeparkar for Defendant No.21. CORAM CORAM CORAM : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. DATED DATED DATED : 08th January 2008. : 08th January 2008. : 08th January 2008. P.C. P.C. P.C. 1. This chamber summons has been taken out by the Defendant Nos.15(a) and 15(b) to challenge the royalty fixed by the Court Receiver at 2 Rs.3750/-. 2. The Court Receiver was appointed by an order dated 14th October 2007. By the said order the Court Receiver was directed to appoint the the occupants as agents on such terms as to royalty as the Court Receiver may deem fit and proper. The Defendant Nos.15(a) and 15(b) were impleaded by an order dated 9th April 2001. It appears that prior thereto the Court Receiver had fixed royalty at the said rate by an order dated 13th October 1999. By an order dated 28th August 2007 the Court Receiver held that since the Receiver had already fixed the royalty in the meeting held on 13th October 1999, there was no reason to reduce the amount of royalty and/or re-fix the royalty as there were no further orders passed by the Court. 3. In my opinion, the ends of justice would be served by directing the Court Receiver to fix the royalty in accordance with the order dated 14th October 1997 after hearing the Defendant Nos.15(a) and 15(b). 4. It is clarified that this order is 3 without prejudice to the rights and contentions of the parties including to the effect that the Defendant Nos.15(a) and 15(b) are rank trespassers and have no right title and interest in respect of the premises in their occupation. Remaining parties are at liberty to adopt proceedings in that regard as also to urge the said contention before the Court Receiver. 5. The Court Receiver shall comply with this order within a period of eight weeks from today. No application for adjournment at the request of Defendant Nos.15(a) and 15(b) shall be entertained. 6. Chamber Summons is accordingly disposed of. ********** ********** **********