Rajdai Nandlal Shaw vs Mahendra Mangruram Gupta And Ors
2023 Latest Caselaw 2094 Bom

SWAROOP Digitally
        SWAROOP
                  signed by

SHARAD  SHARAD PHADKE

PHADKE
        Date: 2023.03.02
        19:22:16 +0530
                                                                                  27 ia 4416 of 2022.doc

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION
                            INTERIM APPLICATION NO.4416 OF 2022
                                           IN
                                    SUIT NO.443 OF 2013

 Rajdai Nandlal Shaw                                              ...          Applicant/Plaintiff
        versus
 Mahendra Mangruram Gupta and Ors.                                ...          Defendants

 Mr. V.Y.Sanglikar with Ms. Vaishali Ugale for Applicant.
 Mr. Saurabh Raikar for Defendant Nos.1 and 2.
 Mr. E.B.Sivakumar, 1st Asstt. To Court Receiver, present.

                                CORAM :       N.J.JAMADAR, J.

                                DATE :        2 MARCH 2023

 P.C.

1. Heard the learned Counsel for the parties.

2. This Interim Application is preferred by the Applicant seeking an order

to enhance the amount of royalty to be paid by Defendant Nos.1 and 2 who are in the

occupation of the suit premises in terms of the liberty granted by the Division Bench

by a judgment dated 15 June, 2022 in Appeal No.83 of 2020.

3. From the perusal of the order passed by the Appeal Bench dated 1

December 2021 and the final judgment and order dated 15 June, 2022, it becomes

evident that an amount of Rs.50,000/- per month was offered to be paid by Defendant

No.1 for himself and on behalf of Defendant No.2. The said amount does not

represent the royalty fixed by the Court Receiver.

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                                                                      27 ia 4416 of 2022.doc

4. In view of the above, before the application is heard further, it may be

appropriate to direct the Court Receiver to appoint a valuer to carry out the valuation

of the suit premises to ascertain the royalty likely to be fetched and submit a report to

the Court.

5. The Court Receiver may appoint an empanelled valuer.

6. The charges and fees of the valuer shall for the present be borne by the

Applicant/Plaintiff, subject to be the reimbursed from the amount of royalty which is

already deposited with the Court.

7. Let the said exercise be carried out within a period of four weeks.

8. All contentions are kept open.

9. List on 5 April, 2023.

                                                                 ( N.J.JAMADAR, J. )




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