1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.19 OF 2010 IN ARBITRATION PETITION NO. 281 OF 1997 WITH ARBITRATION PETITION NO. 282 OF 1997 WITH ARBITRATION PETITION NO. 283 OF 1997 Meena Vijay Khetan & Anr. ... Petitioners Versus Olympus Superstructures Pvt.Ltd.. ... Respondent. ---- Mr. Deepak Chitnis, for the Claimants. Mr. Mannadiar a/w Abhijeet Rane, for the Contractor. Mr. K.L. Vyas, Court Receiver. CORAM : D.G. KARNIK, J. DATED : 17 th March 2010 P.C. 1. By an order dated 13.8.2009, this Court (Coram:Dr. D.Y. Chandrachud, J.) directed the Court Receiver to submit a fresh report after receipt of certification from the Architect. Accordingly, this report has been filed. 2 2. I have perused the certificate dated 24.8.2009 issued by M/s Nadkarni & Co., Architects. Item No.12 of the certificate shows that the balance amount due to the Contractor as per the certificate is only Rs.5,62,739.18. Hence as regards prayer (a) the receiver is authorised to pay Rs.5,62,739 and paise eighteen only. As regards the prayer clause (b) of the Court Receiver’s is concerned, the Court Receiver is unable to point out any order of the Court or any clause in the Contract under which the security charges are required to be paid by the Court Receiver. Similarly in the case of service tax, the Court Receiver is unable to point out necessary provision of law under which the service tax is required paid. Hence, the prayer clauses (b) of the Court Receiver’s report is not granted at this stage. However, the Court Receiver is free to submit a fresh report if the amounts are required to be paid under the Contract or as per orders of this Court or any law. 3. Mr. Chitnis, learned counsel appearing for the Claimants did not raise any objection for the payment of dues of the Architect. Hence, the Receiver is authorised to pay Rs.78,408 as per prayer clause (c) of the Court Receiver’s report. 3 4. Since the prayer clause (b) of the Court Receiver’s Report is not granted, there shall be no order as to costs. 5. The Court Receiver’s report is accordingly disposed of. (D.G. KARNIK,J.)