: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.192 OF 2008 IN ARBITRATION PETITION NO.200 OF 2005 Vipin K. Gandhi & Ors. ..Petitioners. Vs. Ashok Jadhavjibhai Solanki & Ors. ..Respondents. Mr.Snehal Shah with Ms.Mahek Bookwala i/b.M/s.Purnanand & Co. for the Petitioners. Mr.Atul Damle with Mr. A.H.Shukla & Ms.Shilpa Kamble i/b.M/s.Shukla & Shukla for Respondent No.1. Mrs.U.S.Srivastava, 2nd Asstt. to the Court Receiver. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 1ST AUGUST, 2008 DATED : 1ST AUGUST, 2008 DATED : 1ST AUGUST, 2008 P.C. : P.C. : P.C. : There does not appear to be any breach of the terms of the agency. 2. I see no reason to dis-believe the case that the slide machine was removed only for being serviced. The same admittedly has been brought back to the premises. 3. There is nothing to suggest that any third party rights have been created in favour of the said machine. : 2 : 4. I am inclined to accept the case that he merely carries on the work of posters and for that purpose at times, remains on the property till the early hours of the morning. He does not do so even on a regular basis. 5. Mr.Shah states that if the system is going to be changed which requires major structural work, the same shall be done only after taking permission from the Court Receiver and not from the Court. 6. The Petitioners shall be at liberty to make an application for the same even before the arbitrator, if they so desire. For the said purpose, by virtue of this order itself, the Petitioners shall be entitled to do so after giving notice to the Court Receiver and all the parties. 7. The Receiver’s report stands disposed of. The costs of the report are fixed at Rs.1000/-.