1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7559 OF 2007 Balasaheb D. Andhale .. Petitioner Versus Kedu K. Jenghale .. Respondent Mr.S.M.Sabrad for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 8th January 2008 P.C. . Heard Mr.Sabrad for petitioner. None appears for respondents, though served. It appears that the petitioner had made an application to this Court for extension of time for complying with the order passed with regard 2 to depositing monthly rent in the trial court. Time was accordingly extended. Thereafter, the petitioner made an application to comply with the order, which application also has been rejected. 2. Mr.Sabrad does not dispute that there is delay in complying with the order and directions of trial court so also of this Court. However, he prays for a last chance. Mr.Sabrad states that the petitioner would deposit, within a period of six weeks from today, the arrears and thereafter the petitioner shall abide by the order and direction to deposit monthly rent regularly. 3. Considering the peculiar facts of this case and since nobody is opposing the request, interest of justice would be sub-served if the time to deposit arrears is extended by six weeks from today. No further extension shall be granted. If the arrears are deposited and cost 3 quantified at Rs.5000/- is paid to respondents within six weeks from today, the trial court to accept the same and proceed in accordance with law. Needless to state that failure to deposit arrears within the stipulated period so also non payment of cost, would result in dismissal of this petition without any reference to the Court and in that event, petitioner’s defence in the matter would stand struck off. Petition disposed of accordingly. (S.C.Dharmadhikari, J)