-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1249 OF 2007 IN WRIT PETITION NO. 459 OF 2005 Khetani Industrial Premises Co-op. Society Ltd., .. Petitioners. V/s. M/s. Oriental Cement Paint Industries and another .. Respondents. --- Ms.Mamta Sadh i/by Joseph Fernandes for the Applicant (Respondent No.1). Mr. R.N. Bhadrashete for the Respondents. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 16TH JULY, 2008. DATED : 16TH JULY, 2008. DATED : 16TH JULY, 2008. P.C.: P.C.: P.C.: . Heard Ms. Sadh, Advocate for the applicant and Mr. Bhadrashete, Advocate for the respondents. 2. The subject matter of the aforesaid writ petition is a judgment and order passed by the Co-operative Appellate Court. By the impugned judgment of the Co-operative Appellate Court, the respondents’ appeal came to be allowed and the petitioner society was directed to transfer unit no. 16 (new unit no.19) in -: 2 :- favour of respondent no.1 after payment of arrears of outgoings. 3. The writ petition is already admitted. However, the interim relief is expressly refused. 4. The aforesaid civil application is filed for giving direction to the petitioner to transfer unit no.16 in favour of respondent no.1. The case of the respondent no.1 is that it is ready and willing to deposit entire outgoings, however there is dispute about exact amount of outgoing. According to the petitioner the amount of arrears of outgoing upto 31st March, 2008 comes to Rs. 7,06,778/- and if this amount is deposited, they have no objection to transfer the unit. The learned counsel for the respondent no.1 makes a statement that the respondent no.1 is ready and willing to deposit the said amount without prejudice to its rights and contentions. In view of the statements made by the learned counsel for the respective parties, the civil application is disposed of by passing the following order : 5. The respondent no.1 shall deposit an amount of Rs. 7,06,778/- with the petitioner society within a period of eight weeks from today. In the event of such deposit, the petitioner society shall transfer the unit no.16 (new unit no.19) in favour of respondent no.1. The -: 3 :- above said deposit and transfer shall be subject to final outcome of the writ petition. 6. Civil application is disposed of. ( R.V. MORE, J.) .....