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2013 Supreme(Bom) 1795

R.D.DHANUKA
Sanjeev Alias Sanjay Subash Grover – Appellant
Versus
Vertext Trading Co. – Respondent


Advocate Appeared:
For the Plaintiff:Pankaj Savant i/b M/s M.V. Kini & Co., Advocates.
For the Defendants:J.P. Sen with Simil Purohit, Ms Mehek Bookwala i/b M/s Thakore Jariwala & Associates, Advocates.

JUDGMENT


1. By this chamber summons, plaintiff seeks modification of order dated 24th August 2010 passed by learned Court Receiver fixing the royalty at Rs.45,000/- and seeks enhancement of royalty at Rs.2,23,208.40 ps. Plaintiff also seeks liberty to withdraw the royalty amount deposited and direction to the parties to share professional fees of the Valuer charged at Rs.1,00,000/- in equal proportion.

2. It is the case of the plaintiff that the predecessors of the plaintiff had given a portion of the suit premises to the defendants for use of storage facility and they were in possession of the entire suit premises. It is the case of the plaintiff that the license granted to the defendant for storage facility came to an end and defendant continued to occupy the said portion of warehouse illegally. On 6th June 1995, plaintiff filed a suit against the defendant for a declaration that portion of the suit premises was given for use to the defendant for storage facility only and the possession of the entire suit property was with the predecessor of the plaintiff for which municipal storage license was issued in the joint names of the plaintiff's predecessor and defendant No.2 for storin


























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