Date: 16-02-2019
Business: Resumed.
Adv. J. P. Thakkar for plaintiff and Adv. G. V. Mhatre for defendant are present.
Adv. Mhatre tendered registered NM No. 535/2019.
Adv. Thakkar tendered affidavit in reply to NM no. 535/2019. TOR.
Adjd for NM arguments to 27.02.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Resumed.
Adv. J. P. Thakkar for plaintiff and Adv. Mhatre for defendant are present.
Adv. Mhatre filed rejoinder to the reply.
Heard, respective advocates on NM No. 1482/2018 and 535/2019 and Court Receivers report No. 314/2018.
Adjd for NM orders to 13.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Resumed.
None for plaintiff. Adv. Mhatre for defendant is present.
FRSR the following order is passed on NM No. 535/2019.
ORDER
1. The Notice of Motion No. 535/2019 is dismissed.
2. Parties to bear their own costs of the notice of motion.
FRSR the following order is passed on NM no. 1482/2018
ORDER
1. The defendant is directed to deposit the arrears of royalty for period with effect from 10.08.2016 till 10.04.2019 @ of Rs. 9,000/- per month and execute agency agreement with the Court Receiver before 20th April, 2019.
2. If the defendant fails to comply with the aforesaid order within stipulated time, the Ld. Court Receiver is directed to take back the physical possession of the suit premises from the defendant forcibly and if required by breaking open the lock and with the protection of police.
3. The Ld. Court Receiver is directed to appoint the plaintiff or any other suitable person as an agent of the Court Receiver in respect of the suit premises on usual terms and conditions and on such royalty as per prevailing market rates and submit report before this Court on 30th April, 2019.
4. In the aforesaid terms the notice of motion no. 1482 of 2018 and the Court Receiver\''s Report no. 314 of 2018 are disposed off with a direction to the defendant to pay costs of the Court Receiver\''s report in the office of Court Receiver before 20th April, 2019.
5. The effect and implementation of this order is stayed till 8th April 2019 with a direction that it will not be extended further on any count.
Adjd for cross examination of PW no.1 to 30.04.2019.
Nature Of Disposal: DISMISSED
Disposal Date: 13-03-2019
