1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.28 OF 2010 IN NOTICE OF MOTION NO.2142 OF 2007 IN SUIT NO.1506 OF 2007 State Bank of Hyderabad. ...Appellant Vs. 1.State of Maharashtra & Anr. ...Respondents. --- Mr.Harihar Bhave i/b. M/s.Bhave & Co., for Appellant. Mr.P.G.Lad, AGP for Respondents. CORAM: D.K.DESHMUKH & R.V.MORE,JJ. DATED: 3rd May, 2010 P.C.: 1. Admit. Heard finally by consent of parties. 2. The plaintiff-appellant, by this appeal, makes grievance against order dated 29.9.2009 passed by the learned Single Judge of this Court in Notice of Motion no.2142 of 2007. The limited grievance is 2 that the learned Single Judge has directed the Receiver to call for bids for appointment of agent and on the plaintiff agreeing to match the higher bid, he is directed to be appointed as agent. The submission of the appellant-bank is that the Receiver should be directed to appoint the appellant-bank as his agent on the same terms and conditions as directed by the learned Single Judge and for determining the amount of royalty instead of calling for bids, the Receiver should determine the market rate and fix the amount of royalty. For that purpose the Receiver may call for valuation Report from two valuers at the cost of the plaintiff-bank. 2. We have heard the learned Counsel appearing for defendants. In our opinion, considering that the plaintiff is a nationalised bank and the Respondent is Government of Maharashtra, and the bank is willing to pay the royalty at the market rate, the following order would meet the ends of justice:- (i) The Receiver appointed by order impugned 3 shall appoint the plaintiff as his agent to be in possession of the suit premises on usual terms and conditions. (ii) The Receiver shall initially fix Rs. 2,00,000/- as amount of monthly royalty. The Receiver, thereafter, shall take step to determine the Royalty at the market rate. For that purpose, the Receiver shall call for valuation report from two valuers at the expenses of the plaintiff-bank. On the Receiver determining the amount of royalty, the royalty shall be payable by the plaintiff at that rate from the date on which the bank is appointed as agent by the Receiver. (iii) The order impugned is modified to the above extent only. (iv) By consent of parties, it is directed that amount of royalty, both ad-hoc and final, shall be payable by the plaintiff to the defendants directly. For that purpose, the defendants shall, within a 4 period of two weeks from today, file an undertaking in this Court undertaking to this Court to bring back the amount, if so directed by this Court, on such terms and conditions as may be directed by this Court. Appeal is disposed of. In view of the aforesaid order, Notice of Motion no.1083 of 2010 does not survive for consideration. It is disposed of. (D.K.DESHMUKH,J.) (R.V.MORE,J.)