( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ ARBITRATION PETITION NO.143 OF 2009 ARBITRATION PETITION NO.143 OF 2009 ARBITRATION PETITION NO.143 OF 2009 M/s. ICICI Prudential Life Insurance Company Ltd. ..Petitioners V/s. M/s. Security Trading Syndicate Pvt. Ltd. ..Respondents ...... Mr. E.P. Bharucha with Ms. Saroj Bharucha i/by Nanu Hormasjee & Co. for petitioner Mr. Pooniwala and Ms. Meeta Dagli i/by Mulla & Mulla for Respondent ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th February, 2009 DATED : 25th February, 2009 DATED : 25th February, 2009 P.C.: P.C.: P.C.: 1. Affidavit in reply filed by the respondents is taken on record. The petitioners were licensee in respect of the suit premises and according to them they are not interested in retaining the premises and that the deposit was received by the respondents to ( 2 ) the tune of Rs.72,96,000/- and that they are interested in recovering the said deposit by returning the possession. In so far as this aspect is concerned, the dispute appears to have been raised between the parties and hence application under Section 9 is filed. 2. I have heard learned Counsel for both the sides. According to respondents rent for December 2008 and January, 2009 to the tune of Rs.24,19,200/- has remained unpaid. Similarly, service tax for December, 2008 and January, 2009 to the tune of Rs.2,99,014/- has remained unpaid. It is also the case of the respondents that a total amount of Rs.7,20,830/- is to be recovered by the respondents from the petitioners towards stamp duty and registration charges, society maintenance charges for April, 2008 to January, 2009, additional maintenance charges for April, 2008 to January, 2009 and lift installation charges. According to respondents, they are entitled to recover from the petitioners of Rs.27,18,214/- and 7,20,830/-. Respondents want to recover said amount from petitioners. 3. Counsel for the petitioners states that his client has no objection in receiving Rs.38,56,956/- as of today without prejudice from the respondents and handover possession to the respondents. He claims ( 3 ) that the amount which are sought to be deducted from the deposit lying with the respondents should also form a question, which would be decided by the arbitrator and he submitted that petitioners are prepared to handover the possession to the Receiver. He in turn may hand over the same to the respondents. 4. Counsel for the respondents submitted that he has objection for payment of a Court Receiver’s fee. The Court Receiver is being appointed solely to act as mediator for taking over the possession from the petitioners and giving it to the respondents. He added that the receiver should handover the vacant and peaceful possession from the petitioners. He further submitted that a sum of Rs.38,56,956/- which is with him would be deposited in the Court provided petitioners give adequate security to the satisfaction of the Prothonotary and Senior Master so that the interest of the respondents can be adequately protected. 5. After having considered the rival contentions, I am inclined to arrive at arrangement by which interest of both the parties will stand protected. In my view, the respondents can be directed to deposit in the Court the amount mentioned above i.e. Rs.38,56,956/-. It can be withdrawn by the petitioners by giving security to the satisfaction of ( 4 ) Prothonotary and Senior Master. Upon depositing the aforesaid amount, the petitioner will handover the possession to the Court Receiver. Court Receiver shall hand over the possession of the suit premises to the respondents. Receiver then shall prepare a report and upon handing over of the possession to the respondents, Receiver to stand discharged without passing of the accounts. Receiver’s charges fixed at Rs.5,000/- shall be paid by the petitioners directly at the time of handing over the possession to the Receiver. 6. For the reasons mentioned aforesaid, I pass following order. ORDER ORDER ORDER . The respondents are directed to deposit in this Court a sum of Rs.38,56,956/- on or before 4th March, 2009. . Court Receiver, High Court Bombay is hereby appointed in respect of the suit premises set out in the body of the petition. Upon respondents depositing sum of Rs.38,56,956/- in the Court, respondents shall intimate to the petitioners accordingly and within 3 days thereafter petitioners shall hand over vacant and peaceful possession of the suit premises to the ( 5 ) Receiver. . Similarly, petitioners are permitted to withdraw the aforesaid amount of Rs.38,56,956/- by furnishing security to the satisfaction of the Prothonotary and Senior Master. The petitioners at the time of handing over of the possession shall pay to the Court Receiver fixed charges fixed at Rs.5,000/- directly. . Receiver after getting possession of suit premises from the petitioners, shall hand over the same to the respondents as expeditiously as possible and prepare a report as regards handing over the possession to the respondents and file it in the Court. Petitioners’ representative shall be permitted to remain present when the possession is being handed over to the respondents. The Receiver shall be discharged without passing of the account after possession of suit premises is handed over to respondents. It is clarified that the amount namely Rs.27,18,214/- and Rs.7,20,830/- as mentioned aforesaid are being deducted from the deposit amount of Rs.72,96,000/- and question whether these amounts are rightly adjusted from the deposit lying with the respondents or not would form a question to be determined by the arbitrator and the arbitrator can be called upon to decide whether such amounts can be ( 6 ) deducted from the deposit amount. . It is clarified that no views are expressed on merits of the matter which may be agitated before the learned Arbitrator. All points are kept open. Representative of Respondents can remain present when petitioners would be handling over vacant and peaceful possession of suit premises to Receiver. . Petitioners to serve an authenticated copy of this order upon the Court Receiver. . With the aforesaid order, Arbitration Petition stands disposed of. . Liberty to apply for further orders, if there is any difficulty in implementing this order. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)