1 28.nms-538-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 538 OF 2008 IN SUIT NO. 293 OF 2008. Mohamed Abdulla Ebrahim Merchant. ..Plaintiff. vs. Mrs. Amina Ibrahim Merchant & Ors. ..Defendants. .... Mr. Zal Andhyarujina, a/w. M.G. Agre, i/b. G.B. Kedia, for Plaintiff. Mr. M.A. Adenwala, for Defendant Nos. 1 to 3. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MAY 2011. P.C. : The following order is passed by consent of the parties :- (i) The Court Receiver, High Court, Bombay, is appointed as the Receiver of the entire Suit premises. The Court Receiver shall forthwith take symbolic possession of the entire Suit premises and not dis-possess any occupants who are in possession of the Suit premises. (ii) The Court Receiver shall have the ground floor premises of the Suit premises valued by a Valuer on the panel of the Court Receiver and obtain his report as regards the market rent that the Suit premises would fetch if given on leave and license basis. (iii) Upon receipt of the said valuation report, Defendant No.3 shall enter into an agency agreement with the Court Receiver and deposit on or before 15th day of every month 50% of the amount so valued by the Valuer to the Court Receiver beginning from May 2 28.nms-538-08 2011. (iv) In the event of the Defendant No.3 committing any default, the Court Receiver shall take actual possession of the ground floor premises from the Defendant No.3. However before taking actual possession, he shall give 15 days clear notice in writing to the Defendant No.3. (v) So far as the garage in the Suit property is concerned, the Plaintiffs are at liberty to take out appropriate proceedings seeking reliefs available to them under the law. (vi) This order shall not affect the rights and contentions of both the parties in any manner whatsoever. (vii) Liberty to apply. (viii) Notice of Motion is accordingly disposed of. (ix) Hearing of the Suit is expedited. (x) Place the Suit for framing of issues on 14th June 2011. [ S.J. KATHAWALLA, J. ]