LAWS(SC)-1999-10-44

MANUBHAI J PATEL Vs. BANK OF BARODA

Decided On October 08, 1999
Manubhai J Patel Appellant
V/S
BANK OF BARODA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 15-4-1998 passed by the bombay High Court by which the High Court, while admitting the appeal from the order of the Single Judge, passed an interim order directing the appellants to pay royalty at a rate higher than the rate fixed by the Single judge.

(3.) It may be stated that Bank of Baroda had filed a suit against the appellants who were arrayed as Defendants 1 and 2 in that suit, for recovery of the principal amount of rupees one crore together with interest accrued thereon totalling to one crore fifty-three lakhs, in the Bombay High Court. The learned Single Judge, by his order dated 16-6-1996, appointed the receiver of the High Court of Bombay as the Receiver of the two residential flats Nos. 201 and 202, Shalimar Apartments, Cumballa Hill, Bombay and two offices bearing Nos. 29 and 32, Kala Bhavan, Mathew Road, Bombay. The Receiver by order dated 14-3-1997 determined the amount payable by the appellants as monthly royalty for Flat No. 201 (Rs. 45,000) , Flat No. 202 (Rs. 50,000) and for Office No. 29 (Rs 55,000).