3 By an order passed by this Court in Notice of Motion No.1446 of 2007, Court Receiver, High Court, Bombay was appointed as receiver of two flats and 8 shops together with the basement in the building constructed by the Defendants in the suit property, in pursuance of the development agreement. The Defendants were directed to be appointed as agents of the Court Receiver in respect of the residential flats without payment of security or royalty, but subject to payment of all outgoings and expenses connected with the maintenance of the flats. As far as 8 shops and basement are concerned, the Defendants were directed to be appointed as agents subject to payment of royalty to be determined on the basis of the market rate under leave and license agreements for similar premises. In the event of the Defendants not agreeing to accept the agency of the Court Receiver for any of the premises, Court Receiver was directed to appoint any third party to be the agent of the Receiver for such premises, after inviting bids for the same and granting liberty to the parties to participate in the bidding. The liberty was reserved to the Plaintiff to apply for withdrawal of the amounts or parts thereof, by a separate Notice of Motion. In pursuance of this order, a Notice of Motion was taken out by the Plaintiff, being Notice of Motion No.3131 of 2011, seeking certain reliefs in respect of the suit premises. By an order passed by this Court on 7 May 2012 it was recorded that the Defendants were desirous of handing back the possession of 8 shops, held by them as agents of the Court Receiver. The Court Receiver was directed to take possession of 8 shops along with basement and the Defendants were directed to pay arrears of royalty amounting to Rs.49,58,761/- to the Court Receiver, within a period of 8 weeks from the date of the order. The Court Receiver was directed to submit a report seeking appropriate directions from the Court regarding the possession of the 8 shops and disbursement / investment of the arrears received from the Defendants. The Notice of Motion was, accordingly, disposed of.
