1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.6442 OF 2011 IN W.P.NO.874 OF 2010. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM : S.V.GANGAPURWALA,J. Date : 02.12.2011. PER COURT : 1. Heard. 2. The present application is filed for vacating the stay granted earlier i.e. 7.6.2010, in the Writ Petition. This Court vide the said order directed the petitioner-tenant to deposit the rent of Rs.3,000/- p.m. regularly on or before 10th of each moth. 3. Mr.Naik, learned counsel for the applicant submits that the rent amount is not deposited regularly as directed by this Court. Rent amount for the month of August and September 2010, is not deposited before 10th of the said month and so the stay stands vacated. 4. Mrs.Tambat, learned counsel contends that the amount of rent has been deposited every month regularly. There was a delay 2 of one day in depositing the rent for the month of August and three (3) days in depositing the rent of September. Thereafter, the rent has been deposited every month on or before 10th of each month. The said delay is due to unavoidable reasons. 5. It appears that for the said months i.e. after August and September, the rent has been regularly deposited till date as per the order passed by this Court and even for the month of August, it is deposited one day late and September, it has been delayed by three days. It would appear that thereafter, every time the rent has been deposited before 10th of each month. It can not be said that the order has been intentionally flouted. There is substantial compliance. It would not be appropriate to vacate the stay granted only on the ground that the rent is deposited only late by one day. 6. In view of that, I am not inclined to entertain the present Civil Application. The Civil Application is accordingly disposed of. 7. Taking into account the fact that the landlord has a decree of eviction and the same is stayed by this Court. Fix the Writ Petition for final hearing from the week commencing from 20.2.2012. (S.V.GANGAPURWALA,J.) Dt.02.12.2011. asp/office/Ca6442.11 3