C N RAMAKRISHNA PILLAY Vs. OOMEN KOCHUMMEN

JUDGEMENT

(1.) HEARD Counsel for the Appellant. The Respondent has sent a letter stating that he is agreeable to the appointment of Mr. Mathew Verghese, Retired Chief Engineer, P.W.D. 12, Santhosh Nagar, Muttada, Trivandrum, as an expert to inspect the building in question and make a report. Mr. Mathew Verghese is one of the persons included in the panel of experts submitted before this Commission by the Appellant's Counsel. Both the parties having agreed about his appointment, we hereby appoint Mr. mathew Verghese, Retired Chief Engineer, P.W.D. 13, Santhosh Nagar, Muttada, Trivandrum, as a technical expert to inspect the building "Rama Bhadram", Pullampilavn, Mavelikara, Alleppey District, Kerala after issuing notices to both the parties, giving them sufficient prior intimation about the date and time I about his proposed visit. The Appellant, Shri C.N.Ramakrishna Pillay, shall afford all facilities to the expert Engineer above named to inspect the building and to conduct a thorough inspection of the building. The expert engineer shall make a report to this Commission after his inspection cataloguing any defects noticed by him in the building in question with a brief description of such defects and furnishing also an estimate of the approximate expenditure that will have to be incurred for rectifying such defects. The Appellant herein shall supply within ten days copies of the complaint petition and the reply filed thereto by the Respondent to the expert Engineer so that he may have proper background of the contentions raised in this case. The report of the Engineer shall be submitted to this Commission within six weeks from today. A sum of Rs. 2,000/- shall be deposited by the appellant herein with the expert Engineer above named for meeting his preliminary expenses on travel etc., and also in part towards his remuneration. Final Orders fixing the remuneration of the Engineer and also the liability for meeting such expenditure or for sharing the expenditure involved in the he execution of this order for inspection will be passed at the time of final disposal of the appeal. Post this petition in January, 1995. Mr. Y. Krishan, Member The Registry shall communicate a copy of this order to Mr. Mathew Verghese forthwith furnishing also the name and address of the Appellant and the Respondent herein so as to enable him to send advance intimation to them about the date and time of the proposed inspection.