Final Order 1

Order Details: Chamber summons
Pdf Text: Adv. Y.S. Bhate for ptlff present.
Adv. Sunil Patel for D-1 absent.
Adv. V. Verma for D-2a, D-2b and D-2c present.
Adv. Kushal Bhandary for D-3,5 and 6 present and tendered registered Ch/S
no.284/18. TOR.
Adv. Sudha Ambre for D-4 present.
Smt. Meenakshi Raut, Section Officer attached to office of Court Receiver,
Bombay present.
PW-1 is present.
As regards prayer clause (a)(i to iv) of the Chamber Summons is concerned, the
same is in respect of the questionery to be answered by the Court receiver.
However, on next date the royalty and security deposit in respect of the suit
premises to be paid by defendant no.4, who is in possession of the suit premises
from 26.10.2015, will be decided on next date.
Smt. Meenakshi Raut, Section Officer submitted that they are ready with the
draft Agency Agreement in respect of the suit premises and will be fled on next
date. As such, I do not fnd that any orders to be issued asking explanation to the
office of uourt ceceirer.
As regards prayer clause (b) of the uh/S is concerned, Adr. for D-4 made
statement that he is and was ready to deposit the maintenance, property tax etc. in
respect of the suit property with the society but it was society who is not issuing
the notice in respect of D-4.
Under such circumstances, the D-4 is directed to deposit all the arrears and
society dues including property tax in respect of the suit fat with the
ofce of the Court Receivetere The uourt ceceirer to deposit the said amount with
the society. The society to accept the said amount and issue receipt in the name of
uourt ceceirer which will be adjudication of the fnal outcome of the suit.
As regards prayer (c) is concerned, Smt. Meenakshi Raut, Section Officer made
statement that they are ready with the draft Agency Agreement, However,
plaintiff is reluctant to attend the meeting at the office of Court Receiver for
finalizing the Agency Agreement. So also has already stated that on next date, the
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aspect of compensation/royalty to be paid by D-4 in respect of the suit flat and
since what date, the royalty and compensation is fixed will be decided, the prayer
clause (c) of the ch/S too, at this stage does not survive. Therefore, Chamber
Summons No. 284/18 stands disposed of.
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