IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10051 OF 2010 IN ARBITRATION APPEAL NO. 14 OF 2010. Srimauli Infrastructure Pvt. Ltd. Applicants Versus State of Maharashtra and others Respondents Shri P.M. Shah, Senior Counsel holding for Mr. A.M. Karad, Advocate for the petitioner. Shri Pradeep Deshmukh, Special Counsel for the State of Maharashtra. CORAM : B.R. GAVAI,J. DATE : 23RD JULY, 2010. ORAL ORDER : 1] By way of present application, the applicants are seeking directions to the respondents to convey a suitable date in writing to the applicant to carry out the joint measurement of the work, which was claimed by the Respondents under the letters dated 20th March, 2010 and 24th March, 2010. 2] Shri Deshmukh, the learned Special Counsel appearing on behalf of the State of Maharashtra vehemently opposes the application. He submits that there is no stipulation for joint measurement of thework, what is stipulated is that the applicant will verify the work which already carried out by the Department, through the societies/contractors. 3] Admittedly, from the communication dated 14/1/2010, which is annexed at Annexure C ( page 114) of the paper book of the appeal, it appears that even according to the Department, only an oral intimation was given to the applicants to sent his representative for ascertaining the valuation of the work that is already done. It is difficult to believe that a State Department would give an oral intimation and not a written notice. IN any case, there is no documentary evidence placed on record to show that a written intimation was given to the applicants for ascertaining the valuation. 4] In my considered view, before fastening any liability, it would have been necessary that an opportunity was given to the applicants to either ascertain the valuation as stated in the application, or to do the verification, as strenuously contended by Shri Deshmukh, of the work done. In that view of the matter, I find that the principles of natural justice require that the applicant is given an opportunity to ascertain the valuation of the work done by the Department, as is contemplated in the letter dated 14/1/2010. 5] In that view of the matter, I find that it would be appropriate that the claim of the Department would be verified by an independent person, who possesses the expertise in the matter. Shri S.L. Jadhav, retired Chief Engineer, P.W.D., Aurangabad, is therefore appointed as a Court Commissioner to verify the claim of the Department. The verification of the work carried out by the Department would be done by the said Court Commissioner within a period of two weeks from today and a report in that respect be submitted to this court within two weeks. As stated earlier, the representative of the Department, so also, the representative of the applicant shall remain present at the time of verification. 6] Shri Deshmukh assures that the concerned Officer of the Department would remain present in the office of the P.W.D. At Latur on 27th July, 2010 at 10.00 a.m. The representative of the applicant, namely, Shri Shirish Chikodi, would also remain present on the said date at the office of the P.W.D. Latur. . The necessary arrangement for transport etc. of the Court Commissioner would be made by the applicant. The applicant, so also, the respondent Department shall communicate the mobile numbers of their representatives to the Court Commissioner, so as to facilitate the Court Commissioner to give intimation to the representative of the applicant so also of the Department. Needless to state that the expenses of the Court Commissioner would be borne by the applicant. The applicant shall deposit an amount of Rs.25,000/- with the Court Commissioner towards part expenses. The fees of the Court Commissioner would be determined by this court on the next date. 7] The civil application stands disposed of with the above observations. Parties to act upon the authenticated copy of the order. [B.R. GAVAI,J.] grt/-