1 caf120 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.120 OF 2011 IN FIRST APPEAL NO.848 OF 2009 Anand Dattaram Matkar ...Applicant vs. Gawde Constructions Pvt.Ltd. ...Respondent Mr.K.S.Patil i/b Mr.Shriram Redij for the applicant Mr.Ajit Karwande for the respondent no.1 Mr.G.S.Godbole i/b Mr.Anup N.Deshmukh for respondent no.3 Ms R.S.Gulekar (S.O.) representative of the Court Receiver with Mr.S.G.Kelaskar CORAM : A.S.OKA,J. DATE : FEBRUARY 8,2011 P.C.: 1 Heard learned counsel for the applicant, learned counsel for the first respondent and the learned counsel for the third respondent. The representative of the Court Receiver is present. The applicant is present in the Court. Perused the report submitted by the Court Receiver. 2 The applicant has been appointed as an agent of the Court Receiver to remain in occupation of the suit flat. Perusal of the report of the Court Receiver shows that for providing proper water supply to the suit flat, certain plumbing work will have to be carried out. 3 As the applicant is in possession as an agent of the Court Receiver, an arrangement will have to be made to ensure that there is a proper water supply to the suit flat. Necessary plumbing and other allied work will have to be carried out. For that purpose, at the cost of the 2 caf120 applicant, a contractor will have to be appointed by the Court Receiver. 4 The third respondent-society is not a party to the appeal. The learned counsel for the applicant stated that the maintenance charges in respect of the suit flat have been deposited by the applicant with the Court Receiver. The third respondent society which is maintaining the building must get the said amount. The Court Receiver will have to pay the said amounts to the third respondent-society without prejudice to the rights and contentions of the parties as the applicant is occupying the suit flat. 5 The learned counsel for the applicant on instructions of the applicant states that within a period of two weeks from today, the applicant will withdraw the complaints filed by him against the Advocate representing the first respondent as well as the Secretary of the third respondent-society with the Bar Council of Maharashtra and Goa. The said statement is accepted. 6 Civil Application is disposed of by passing the following order : i) The Court Receiver shall appoint a contractor for carrying out necessary plumbing and allied work for making available proper water supply to the suit flat. ii)The work shall be carried out at the cost of the applicant with due intimation to the third respondent-society. iii)It is made clear that this order is passed without prejudice to the rights and contentions of the parties and the applicant will not claim any equity 3 caf120 on the basis of this order. iv)Maintenance charges in respect of the suit flat deposited by the applicant with the Court Receiver shall be paid over by the Court Receiver to the third respondent-society. Maintenance charges which may be hereinafter deposited by the applicant with the Court Receiver shall be also paid over by the Court Receiver to the third respondent-society. The payment of amounts to the third respondent-society will be without prejudice to the rights and contentions of the parties to the appeal. v) Application is disposed of. JUDGE