IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 441 OF 2008 WITH APPEAL LODGING NO.50 OF 2008 IN CHAMBER SUMMONS NO.1934 OF 2007 IN SUIT NO.3940 OF 2002 Jayantilal M. Jain .. Appellant Vs M/s. D. Vasantrai & Co. ..Respondent Mr. N.N. Vaishnawa i/by M/s. N.N. Vaishnawa & Co. for the appellant. Ms. Yasmin E. Tavaria for the respondent. CORAM: SWATANTER KUMAR, C.J., & J.P. DEVADHAR , J. DATE : 4TH FEBRUARY, 2008 P.C.: The present appeal is barred by time. There is delay of 18 days in filing the present appeal. The counsel appearing for the non- applicant objects to the condonation of delay. We find the objection is without any merit. Delay in filing the present appeal has been properly explained in the notice of motion which is supported by filing the affidavit. The notice of motion is allowed. 2. With the consent of the counsel appearing for the parties, the appeal is taken up for hearing at this stage. The Court Receiver has in his report fixed the royalty of the premises in question to be Rs.25,000/- while according to the plaintiff, the correct valuation is as per the valuation report is Rs.45,000/- per month as the monthly charges for use and occupation of the premises. However, the valuation fixed by the Court Receiver was sought to be queried by the applicant. It can hardly be disputed that the area of 213 sq. ft. is in addition to the area of 177 sq. ft. at the Mezzanine Floor. The learned counsel appearing for the appellant contended that he only has an area of nearly 320 sq.ft. for commercial use and occupation as such. The market value assessed by the Court Receiver is not correct. These are primarily the matters of appreciation of evidence which has to be seen during the course of trial. The learned Judge has exercised his discretion on prima facie documents available on record and particularly, the valuation report. 3. We see no reason to interfere. The appeal is, accordingly, dismissed with no order as to costs. CHIEF JUSTICE J.P. DEVADHAR, J.