1 9WP.5298-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5298 OF 2011 Tricklers Recreation Pvt. Ltd. ..Petitioner. Vs. Life Insurance Corporation of India and 2 others. ..Respondents. .... Mr.Hiralal Thacker, i/b. Mr.Manoj Kadam, for the Petitioner. Mr.Akshay A. Shah, for Respondent No.1. .... CORAM : D. D. SINHA & A. R. JOSHI, JJ. DATED : 19th JULY, 2011 P.C. 1. Heard learned Counsel for the Petitioner and learned Counsel for Respondent No.1. Present Writ Petition is directed against the order dated 9th June, 2011 passed by the Bombay City Civil Court whereby the application submitted by the Petitioner for grant of interim relief came to be allowed by imposing certain conditions. Being aggrieved by the conditions imposed, the petitioner has filed the present Petition. PPD 2 9WP.5298-11 2. The operative part of the order dated 9th June, 2011 reads thus : “ Order Stay Application No.69 of 2011 is allowed as follows : The Appellant shall deposit 75% of the amount of the damages awarded by the Estate Officer including the amount of simple interest at the rate of 6%. It is made clear that the amount of Rs.2 crore deposited by the Appellant already with the Life Insurance Corporation shall be deducted from this amount of 75%. The Appellant shall continue to pay monthly charges for the occupation of the subject premises at the rate of Rs.2 lac per month from the date of the order of the Estate Officer. The amount pursuant to this order must be deposited within four weeks from today. Monthly charges must be paid on or before 10th day of every month. Advocate for the Life Insurance Corporation/Respondent shall submit statement of the damages with interest within a week from today to the learned Advocate for the Appellant so as to enable him to deposit the same. Adjd. To 11.07.2011.” 3. Learned Counsel for the Petitioner has submitted that the City Civil Court has extended the time to deposit the amount by one day by order dated 11.7.2011 and the petitioner was required to deposit the said amount on or before 12.7.2011. Learned Counsel for the Petitioner has submitted that the petitioner is going through financial crisis and conditions 3 9WP.5298-11 imposed are also not sustainable in law. It is contended that considering the financial position of the petitioner, the petitioner is ready and wiling to deposit an amount of Rs.25 lacs on or before 28.7.2011, and the interim order dated 9.6.2011 may kindly be continued till the decision of the appeal. 4. Learned Counsel for Respondent No.1, on the other hand, has submitted that sufficient time was granted by the City Civil Court to the petitioner to deposit the requisite amount and even the time was extended by one day. However, since the petitioner failed to deposit the said amount, the prayer made by the petitioner may not be granted. 5. We have considered the contentions raised by the respective Counsel. It is brought to the notice of this Court that the Appeal is fixed for final hearing before the City Civil Court on 28.7.2011. However, since the petitioner could not deposit the requisite amount as per the order dated 9.6.2011 as well as order dated 11.7.2011, the interim order came to an end. 6. Learned Counsel for the petitioner has submitted that financial position of the petitioner is bad and, therefore, the amount ordered to be deposited being a large sum, the 4 9WP.5298-11 petitioner will not be in a position to deposit the same. However, the petitioner has shown its bonafides to deposit Rs.25 lacs, which according to us is less and, therefore, we direct the petitioner to deposit Rs.40 lacs with Respondent No.1 on or before 28.7.2011. Interim order dated 9.6.2011, on deposit of the amount, shall continue to operate till the Appeal is finally decided by the Court. Since the Appeal is already fixed for final hearing on 28.7.2011, we expect the City Civil Court to hear the same finally on that day and take an appropriate decision in accordance with law. With these observations and directions, Writ Petition is disposed of. (D. D. SINHA, J.) (A. R. JOSHI, J.)