1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 358 OF 2007 IN APPEAL NO. 63 OF 2006 IN ARBITRATION PETITION NO. 316 OF 2005 Smt. Sukhalata H. Kotian and another .. Appellants Versus Sudesh H. Kotian and others .. Respondents Mr. M. P. S. Rao for the appellants Mr. E.P.Bharucha, Senior Counsel a/w Firoz Bharucha, Dipika Borade i/b Haresh Mehta & Co. for Respondent Nos. 1 and 2 Mr. K. J. Monshi i/b Sonal Doshi & Co. for respondent no.3 & 4 CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 18 th February, 2010 P.C.: 1. Heard the Learned Counsel for the parties. We have also perused the order passed on 3 rd July, 2006 in Notice of Motion No. 1040 of 2006 as well as the order dated 4 th October, 2007 passed in 2 this Motion. 2. This Motion prays for multiple reliefs including the relief for an appointment of Court Receiver for the partnership business in the name and style M/s Bharat Boring Works. 3. Mr. Bharucha, the Learned Senior Counsel appearing for respondents nos. 1 and 2 states that the maintenance amount of Rs. 60,000/- per month will be paid regularly to appellant no.1 by drawing cheque in her name. So far as an amount of annual outgoings/maintenance in respect of the Banglow is concerned, it was submitted by Mr. Bharucha that the claim made is exorbitant and unrealistic. In this regard, he has referred to the claim of Rs.72,000/- towards security charges, Rs.24,000/- for the servants’ salaries and Rs.12,000/- for the gardeners salary. It was also contended that the appellants are staying on the second and third floor of the Banglow, where as the first floor and ground floor are occupied by the brothers of late Shri H. Kotian. 4. Mr. Rao, the Learned Counsel for the appellants has referred to clause 0.24 of the Award dated 27 th May, 2007 and 3 submitted that towards maintenance expenses of K.G. Niwas Banglow, an amount of Rs.2,50,000/- per year was being paid by Respondent Nos. 1 and 2 and it is an admitted position. 5. To resolve the controversy, between the parties regarding the amount of yearly outgoings for K.G. Niwas Banglow, we fix the said amount at Rs. 2 lacs per year and it be paid to the appellants by drawing a cheque in the name of appellant no.1 alongwith the arrears, if any, within a period of four weeks. 6. Parties to the appeal are legal heirs of the late Shri H. Kotian and it would be, therefore, desirable that the pending appeal ( Appeal No. 63 of 2006) alongwith Appeal No. 17 of 2006 filed by the present Respondents Nos. 3 and 4 are heard expeditiously so as to finally decide the award passed by arbitrator. 7. We have noted down the undertaking furnished by Mr.Bharucha on instructions from respondents Nos. 1 and 2 and direct that Appeal No. 63 of 2006 alongwith Appeal No. 17 of 2006 be added in the final hearing board in the week commencing form 5 th April, 2010. 4 8. The Motion is disposed in the above terms. 9. We make it clear that when the appeals are being heard finally, respondents Nos. 1 and 2 shall furnish copies of the balance sheets of the partnership firm i.e. M/s Bharat Boring Works for the period from the date of Award onwards. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)