1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2548 OF 2009 IN APPEAL NO.(ST.) 407 OF 2009 FROM NOTICE OF MOTION NO.1955 OF 2008 IN SUIT NO.1711 OF 2008 Firdosh Minocher Homavazir .... Appellant Mumbai Vs. Victory Auto Works .... Respondents Mr. Y. Reis i/by R.M. Vanoo, for appellant. Dr. V.V. Tulzapurkar with B. Saraf. i/by Prakash & Co. for respondents. Coram : D.K. Deshmukh & Smt.R.P. SondurBaldota, JJ. Date : 24th June, 2010 P.C. 1. By consent, Notice of Motion is granted in terms of prayer clause (a). (Smt.R.P .SondurBaldota,J) (D.K.Deshmukh, J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.(ST.) 407 OF 2009 FROM NOTICE OF MOTION NO.1955 OF 2008 IN SUIT NO.1711 OF 2008 AND NOTICE OF MOTION NO.1539 OF 2009 Firdosh Minocher Homavazir .... Appellant Mumbai Vs. Victory Auto Works .... Respondents Mr. Y. Reis i/by R.M. Vanoo, for appellant. Dr. V.V. Tulzapurkar with B. Saraf i/by Prakash & Co. for respondents. Coram : D.K. Deshmukh & Smt.R.P. SondurBaldota, JJ. Date : 24th June, 2010 P.C. : 1. Admit. 2. By consent of the parties, the appeal is heard finally and disposed of by consent of the parties. 3. The order dated 30th June 2008 is set aside. 4. The Notice of Motion No.1955 of 2008 is remitted back to the learned Single Judge for consideration in accordance with law. 5. During the pendency of that Notice of Motion, the order 3 passed by the learned Single Judge dated 30th June 2008 appointing Receiver shall continue to operate as an ad-interim order. During the pendency of the Motion, the defendant shall be in possession of the premises as an agent of the Receiver. The defendant shall deposit amount of royalty as fixed by the Receiver i.e. Rs.75,000/- per month, with the Receiver subject to result of Notice of Motion No.1955 of 2008. The learned Single Judge shall make appropriate order for disposal of the amount deposited by the defendant at the disposal of the Motion. 6. All contentions available to both the sides are kept open to be urged before the leaned Single Judge. 7. Both the sides shall be at liberty to file further affidavit. 8. Heard learned counsel for both the sides. By consent, Notice of Motion No.1539 of 2010 is granted in terms of prayer clause (a). (Smt.R.P .SondurBaldota,J) (D.K.Deshmukh, J.)