Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Shri. Bharat Punekar present for Plaintiff. Advocate Shri.D&amp#039Souza present for
Defendant. Order on NM No. 3191/2019 This NM is taken out by Plaintiff for withdrawal of the
amount deposited by Defendant before Court receiver, High Court Mumbai. In view of the order
passed by Hon&amp#039ble High Court in AO No. 223/2015 on 20/11/2017 along with order
dated. 05/11/2014 passed by city civil court in NM No. 3805/2011 filed in this suit. Plaintiff has
also prayed for enhancement of the royalty amount from Rs. 14,000/- to 25,000/- per month.
Plaintiff has fled his detailed affidavit in support NM. Defendant Rajesh Kharwar has filed his
detailed affidavit reply. I have consideration to the contentions raised in those affidavits. I have
heard advocate Mr. Punekar for Plaintiff and Adv. Mr D&amp#039souza for Defendant. In
view of Order dated 20/11/2017 passed by Hon&amp#039ble High Court in appeal from Order
No. 223/2015, it becomes clear that Hon&amp#039ble High Court is pleased to allow Plaintiff
to withdraw the royalty amount deposited with court receiver and Hon&amp#039ble high
court is pleased to direct Plaintiff to move this court for that purpose. In view of order passed by
Hon&amp#039ble high court, I find that Prayer clause(a) from NM can be allowed and
Defendant&amp#039s Advocate Mr. D&amp#039souza also submitted that for
compliance order of Hon&amp#039ble High court, said prayer can be allowed. However, In
respect of enhancement of royalty amount I am of the opinion that the suit is at Flag end and the
aspect of enhancement royalty can be considered can be decided on merits by taking into
consideration total evidence adduced by the parties and for that purpose liberty can be granted to
Plaintiff for filling fresh NM after filling evidence closure pursis by parties in the matter and said
NM can be heard along with final arguments of th suit. Hence, I proceed to pass following order.
ORDER NM No. 3191/2019 is made absolute in terms of prayer clause(a) of NM with liberty to
Plaintiff to file fresh NM in respect of prayer clause(b) for the reasons given by me in this order.
This suit is adjourned connected with suit no. 705/17. Case is adjourned to 09/01/2020 for further
cross examination.
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