LAKHAN CHANNA KANOJIA Vs. NAINA DEEPAK KAMANI

JUDGEMENT

(1.) This Appeal takes an exception to an order passed by the learned Single Judge of this Court dated 23rd July 2008 dismissing the Notice of Motion and thereby confirming an order passed by the Court Receiver fixing the royalty at the rate of Rs. 60,000/per month. The subject matter of this Appeal is a flat no. 31 situated on the ground floor of Ram Niwas building, Worli. The present appellant is Defendant no.7 in the suit. The flat in question is admeasuring 3000 sq. fts. Situated at Worli.

(2.) By an order passed by the learned Single Judge, this Court had appointed the Court Receiver allowing the Notice of Motion moved by the Plaintiff. It was directed that the Appellant/Defendant no.7 should pay royalty as fixed by the Court Receiver. The said order was challenged by Defendant no.7 by filing an appeal and the Appellate Court having dismissed the appeal, the present appellant carried the matter to the Apex Court by filing the S.L.P. The Supreme Court while disposing the SLP, granted liberty to the Appellant/Defendant no.7 to file a review petition before the Division Bench. The Division Bench after hearing the parties confirmed the order passed by the learned Single Judge vide its judgment and order dated 2012005.

(3.) Perusal of the order passed by the Court Receiver, so also the learned Single Judge makes it clear that having regard to the prevailing rent in the locality of Worli, Rs. 60,000/per month for a premises of 3000 sq. fts. cannot be said to be exorbitant, as contended by the learned counsel for the appellant. The order passed by the Court Receiver so also the learned Single Judge is based on material on record such as valuation report filed by M/s. Nadkarni & Company.