1 CALST.12151/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 12151 OF 2010 IN LETTERS PATENT APPEAL(ST) NO.12050 OF 2010 Nandkishor Narayan Joshi & Ors. ...Applicants Vs. Sujeet Narendra Sharma & Ors.. ...Respondents. ..... Mr. L.C. Chaugule, i/b O.P. Pandya, for the Applicants. Mr. Y.R. Mishra i/b D.A. Athawale, for Respondents. ..... CORAM: MOHIT S. SHAH, C.J. S.C. DHARMADHIKARI, J. DATE : 13th JULY, 2010. P.C. Rule. Mr. Mishra waives service of rule for the respondents. 2] Heard the learned counsel for the parties on grant of interim stay. 3] Having regard to the fact that by an order dated 12.8.1999 and subsequent order dated 2.12.2000, the learned Single Judge fixed ad-hoc royalty at the rate of Rs.6000/- per month. We grant interim stay of the 2 CALST.12151/2010 operation of order dated 17.7.2009 passed by the learned Single Judge fixing quantum of royalty @ Rs.15,000/- per month w.e.f. 12.8.1999 to March 2009, subject to condition that the appellant shall deposit interim royalty @ Rs.10,000/- per month from 1.8.2009 onwards. Appellant shall deposit the arrears for the period from 1.8.2009 to 31.7.2010 by 31st August, 2010. The appellant shall deposit interim/ad-hoc royalty @ Rs. 10,000/- for the period from 1.8.2010 onwards by 10th day of each succeeding month. 4] Respondents/Plaintiffs shall be at liberty to withdraw the ad- hoc royalty amount deposited by the appellant in the past @ Rs.6000/- p.m. without prejudice to the rights and contentions of the parties. 5] From out of the amount to be deposited @ Rs.10,000/- p.m. respondents/plaintiffs will be at liberty to withdraw the amount of Rs. 6000/- p.m. The balance amount of Rs.4000/- shall be invested by the Court Receiver in recurring fixed deposit. 6] Rule is made absolute to the above extent. 3 CALST.12151/2010 The Civil Application is accordingly disposed of in the aforesaid terms without prejudice to the rights and contentions of the parties. CHIEF JUSTICE S.C. DHARMADHIKARI, J.