1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COURT RECEIVER’S REPORT NO.166 OF 2009 IN ARBITRATION PETITION NO.281 OF 1997 Meena Vijay Khetan and another ..Applicants/Claimants. Vs. Olympus Superstructure Pvt.Ltd. And another ..Respondents. WITH ARBITRATION PETITION NO.282 OF 1997 Kamal Shrigopal Khetan ..Applicant/Claimant. Vs. Olympus Superstructure Pvt.Ltd. And another ..Defendants. WITH ARBITRATION PETITION NO.283 OF 1997 Vigya Investment Pvt. Ltd. ..Applicant/Claimant. Vs. Olympus Superstructure Pvt.Ltd. And another ..Respondents. .... Mr. P.C. Kansara for the Respondents. Mr. Sudhir Ganesh Nadkarni, Architect present. Mr. G.G. Ketkar, 1st Assistant to Court Receiver present. .... CORAM : DR. D.Y. CHANDRACHUD, J. 2 13th August, 2009. P.C. : The Court Receiver has sought directions of this Court to pay the running bills of the contractor and of the architect. By a letter dated 7th August, 2009 the contractor has written to the architect recording that for the previous two years the architect had not been approached to get the measurements checked and the payments certified. However, the architect was asked to check the measurement and certify the bills for payment. The architect who is present in the Court states that he had not carried out the measurements and issued a certification though a letter was written by the contractor on 8th April, 2007 because the contractor had not arranged for a joint measurement at the site. If that be so, it is rather surprising that the architect now claims that he has carried out the measurement and certified the payment on 1st August, 2009 even before the receipt of the letter dated 7th August, 2009. It is only necessary that the joint measurement should be carried out by the architect in the presence of the contractor and the representative of the Court Receiver. This exercise shall be carried out within a period of two weeks from today 3 and the architect shall file his report before the Court Receiver who shall place it on record. The contractor has also raised certain additional bills with the Court Receiver inter alia on account of the applicability of VAT, service tax and security charges. The Receiver shall examine the bills and shall place a fresh report comprehensively dealing with all the aspects of the case. The present report is accordingly disposed of. *****