1 903.nms-3145-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3145 OF 2009 IN SUIT NO. 222 OF 2005. Mohamed Zahid Abdul Qayyum Salmani. ..Plaintiff. vs. Mrs. Noorjehan Mohamed Asif Salmani & Ors. ..Defendants. .... Mr. A.S. Khatib, for Plaintiff. Mr. R.C. Kaushik, for Defendant Nos. 1 to 6. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH OCTOBER 2011. P.C. : By this Suit, the Plaintiff has sought a declaration that the Plaintiff has 20% share in M/s. O.K Hair Dressers (Suit business) and also in Shop No. 7, Borivli Shivdarshan Co-operative Housing Society, Kasturba Park, Shimpoli Road, Borivli (West), Mumbai-400 092 (Suit shop) from where the Suit business is being carried out. 2. The admitted facts in the matter are as follows : The Suit shop was purchased by one Abdul Qayyum some time in the year 1980-81 and the ownership of the Suit shop since then stands in the name of Abdul Qayyum and Sons. The said Abdul Kayum had six children (4 Sons and 2 Daughters) namely, Mohamed Asif, Mohamed Shahid, Mohamed Zahid (Plaintiff), Mohamed Salim, Kamar Jaha and Anjum. Of the said six children, his son Mohamed Asif died on 30th August 2002. The said Abdul Qayyum expired on 21st October 2002. Thereafter, the widow of his deceased Son Mohamed Asif and her five children i.e. the Defendant Nos. 1 to 6 2 903.nms-3145-09 are in possession of the Suit shop in the Suit premises and are running the business of Hair Cutting Salon though their share in the Suit business and the Suit premises is only 24%. None of the other heirs of the deceased Abdul Kayum having 76% share in the Suit business and the Suit premises have been given a single farthing by the Defendant Nos. 1 to 6 in the last more than 9 years. These admitted facts therefore entail immediate appointment of the Court Receiver in respect of the Suit business as well as the Suit premises, with a direction to give the Suit business in the Suit premises to any person who is willing to run the same as the Agent of the Court Receiver on payment of security deposit as well as monthly royalty fixed by the Receiver. However, the parties have agreed that the net profit of the Suit business is in the range of Rs. 35,000/- to Rs. 40,000/- per month. In view thereof, the following order is passed by the consent of the parties :- (i) The Defendant Nos. 1 to 6 shall hand over the Suit business and the entire Suit premises (with both the entrances) along with the furniture, fixtures, equipments in the Suit premises pertaining to the Suit business to the Plaintiff and the Defendant Nos. 7 to 10 on 1st November 2011 to enable the Plaintiff and the Defendant Nos. 7 to 10 to run the Suit business. (ii) The Plaintiff as well as the Defendant Nos.7 to 10 undertake to this Court to pay an aggregate amount of Rs. 10,000/- to the Defendant Nos. 1 to 6 on or before 10th of each month beginning from 10th December 2011. The amount of Rs. 10,000/- shall be paid by cheque to the Defendant No.1 and the said payment of Rs. 10,000/- to the Defendant No.1 by the Plaintiff or any of the Defendant Nos. 7 to 10, shall be construed as payment received by the Plaintiff for herself and Defendant Nos. 2 to 6. (iii) Pending the hearing and final disposal of the Suit, the 3 903.nms-3145-09 Plaintiff and the Defendants shall not sell, alienate, encumber, part with possession and/or create any third party rights in respect of the Suit premises. (iv) In the event of the Plaintiff and the Defendant Nos. 7 to 10 committing a single default in making the said payment of Rs. 10,000/- to the Defendant Nos. 1 to 6, the Court Receiver, High Court, Bombay, shall forthwith stand appointed Receiver of the Suit business and the Suit premises without reference to this Court and the Court Receiver shall forthwith take possession of the Suit business as well as premises and shall move this Court for necessary directions for the purpose of inviting offers from parties to carry on the Suit business from the Suit premises as Agent of the Court Receiver upon payment of security deposit and monthly royalty. (3) Liberty to apply. (4) The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ]