1 30 caf 3659.10 3331.10.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3659 OF 2010 IN FIRST APPEAL NO.848 OF 2010 Gawde Constructions Pvt. Ltd. ..Applicants. Vs. Mr.Anand Dattaram Matkar & Anr. ..Respondents. Mr. Rajeev Patil i/b Mr. A.S.Karwande for the applicants. Mr.K.S.Patil i/b Mr.Shriram S.Redij for respondent no.1. CIVIL APPLICATION NO. 3331 OF 2010 IN FIRST APPEAL NO.848 OF 2010 Mr.Anand Dattaram Matkar & Anr. ..Applicants vs. Gawde Constructions Pvt. Ltd. & Anr. ..Respondents. Mr.K.S.Patil i/b Mr.Shriram S.Redij for the applicants. Mr. Rajeev Patil i/b Mr. A.S.Karwande for the respondent no.1. CORAM : D.B.BHOSALE, J. DATED : 14/12/2010. PC: 1 Heard learned counsel for the parties. 2 These two civil applications are filed by the appellants and the respondents respectively for seeking reduction/enhancement of royalty fixed by the Court Receiver vide order dated 03.08.2010. The Court Receiver has passed the said order in 2 30 caf 3659.10 3331.10.doc pursuance of the directions issued by this court,vide order dated 16.12.2009, while disposing of civil application no.3952 of 2009. Mr.Patil, learned counsel for the applicants, in Civil Application no.3659 of 2010, in the course of hearing of these applications invited my attention to the report of the valuer (Nadkarni & Co., Architects, Valuers, Interior Designers) dated 25th March, 2010 and submitted that the Court Receiver has not made it clear while fixing the royalty whether that is inclusive of compensation as mentioned in the report. I would not like to enter into a controversy raised by both the sides in these two civil applications and I am inclined to issue directions to both the sides to file applications before the Court Receiver for the similar reliefs, as prayed for in these civil applications, so also for additional reliefs, if any, in respect of the royalty/compensation on or before 11.01.2011. Order accordingly. The Court Receiver shall consider their applications on merits in accordance with law and pass appropriate order within a period of six weeks therefrom. All contentions of the parties are kept open. With these observations civil applications are disposed of. (D.B.Bhosale, J.)