IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.313 of 2009. NOTICE OF MOTION NO.313 of 2009. NOTICE OF MOTION NO.313 of 2009. IN IN IN SUIT NO.363 of 2006. SUIT NO.363 of 2006. SUIT NO.363 of 2006. Badruddin Nazir Ahmed Khan ..Plaintiff versus MOhammed Kasim Ali & Anr. ..Defendants Mr.A.J.Almeida for the plaintiff Mr.A.S.Khandeparker i/b. Vidya Bandekar for the defendant No.2 in support of the Notice of Motion. Mr.G.G.Ketkar, 1st Asst. Court Receiver present. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 9th February, 2009. DATED : 9th February, 2009. DATED : 9th February, 2009. P.C. 1. Heard Counsels on both the sides. Now that the Receiver has taken formal possession of so called gala No.87 and the present defendant No.2 is in possession as Agent of the Court Receiver, the job of fixing the royalty will have to be gone into. It cannot lie in the mouth of defendant No.2 to say that at this stage the royalty cannot be fixed by the Court Receiver. The royalty fixed may become subject matter of challenge by the defendant No.2 for that liberty will have to be granted to the defendant No.2. Needless to mention that the Receiver will have to fix the royalty after giving -2- reasonable opportunity to both the sides at the time of fixing the royalty when this motion is disposed of. The Court Receiver shall take up the task of fixing the royalty as expeditiously as possible. The party which feels aggrieved by the Order of the Court Receiver, is free to challenge the said order. In view of the above, the Notice of Motion does not survive and is disposed of in above terms with no order as to costs, . Suit to come up in usual course. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)