1 NMS.878/2010-S.253/2000 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 878 OF 2010 IN SUIT NO. 253 OF 2000 Nirmala Trikamdas Guri ...Plaintiff Vs. Trikamdas K. Guri & Ors. ...Defendants Mr. Dharmendra M. Joshi, Advocate for the Plaintiff Mr. A.K. Tripathi, Advocate i/b. Shailesh U. Shukla for Defendant No.2 CORAM : SMT. ROSHAN DALVI, J. DATED : 12TH AUGUST, 2010 P.C. : 1. The Court Receiver was appointed on 6th October 2001 by consent of the parties in respect of the suit premises, which is a shop. The Court Receiver had to invite bids and both the parties were entitled to bid. The Court Receiver appointed an agent for 11 months on a royalty of Rs.5500/- p.m exclusive of rent, insurance premium, taxes, wages etc.. The period came to an end. The party vacated the suit premises and the suit premises is now locked. 2. The Defendant No.2 has taken out this Notice of Motion for discharge of the Court Receiver and to handover possession to Defendant No.2. 2 NMS.878/2010-S.253/2000 3. The Defendant No.2 can be put in possession only if he pays royalty as fixed by the Court Receiver as also the rent, insurance premium, taxes, wages etc. 4. The Court Receiver shall, at the cost of Defendant No.2, as required to be paid by him, determine the present value of the suit property for payment of royalty. 5. If the Defendant No.2 pays the said value he may be put in possession as agent of the Court Receiver. If not, the Receiver shall once again invite bids from 3rd parties to put the 3rd party who is the highest bidder in possession of the suit property at the present valuation of royalty. 6. It may be mentioned that in 2008 the Court Receiver through the Valuer on the panel of the Court Receiver obtained a valuation of the royalty of Rs. 52,495/- p.m for the suit shop. Neither party wants to pay that value. It may also be mentioned that at present the valuation would have increased. 7. Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)