: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (L) NO.23995 OF 2008 IN CIVIL REVISION APPLICATION NO.541 OF 2007 Bank of Hyderabad ..Applicants. Vs. Rakesh Saigal & Ors. ..Respondents. Mr.P.N.Patwardhan with Ms.Manisha Pant i/b.M/s.Bhave & Co. for the Applicants. Mr.P.V.Nichani for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 15TH OCTOBER, 2008 DATED : 15TH OCTOBER, 2008 DATED : 15TH OCTOBER, 2008 P.C. : P.C. : P.C. : This application is taken out for extension of time to vacate the suit premises. In the suit for eviction the Respondent landlord had succeeded in both the courts below. 2. The Applicants have filed the above Civil Revision Application challenging the said orders. The same was disposed of by consent by an order dated 29.10.2007. The Applicant gave up all its challenges on the merits of the matter. The Applicant was granted one year’s time to vacate the premises upon filing the usual undertaking. The : 2 : undertaking has been filed. The time to vacate expires on 29.10.2008. 3. By this application, the Applicant seeks an additional two years time to vacate. There is no justification for granting the said application. The Applicants could have made arrangements during the last one year for the alternative site. The only ground is that the alternative site has now been identified but that it will take some time to shift to the new site. 4. Despite the fact that there are no justifiable reasons to extend time, I intend granting some time purely out of indulgence. However, this cannot be at the expense of the Respondents who had succeeded and to the advantage of the Applicant who had undertaken to this Court to vacate the premises by 29.10.2008. The issue of mean profits is to be dealt with separately. Any amount that is required to be paid now as a condition for extending the time to vacate would fall outside the question of mean profits for the illegal use and occupation. 5. In other words, the least that must be done is to grant extension subject to the Applicant agreeing : 3 : unconditionally to pay the market rent for the use of the premises for the period to be extended by this order. 6. The learned counsel for the Respondents states that he already has an offer of Rs.14,00,000/- per month from the Yes Bank on a leave and licence basis. I have no reason to disbelieve the figure of Rs.14,00,000/- atleast at this stage. Any extension of time to vacate would prejudicially affect the Respondent’s right. 7. In the circumstances, the Civil Revision Application is disposed of by the following order :- i) The time to vacate is extended as a last chance, upto and inclusive of 30.4.2009 subject to the Applicant filing the usual undertaking in this Court. ii) In addition to the usual undertaking, the Applicant shall also undertake to pay the market rate on the basis of leave and licence for the use of the premises during this extended period viz. from 1.11.2008 to 30.4.2009. The market rate will be : 4 : determined by a valuer to be appointed from the panel of valuers of the Court Receiver. iii) The valuer shall fix the amount after hearing both the sides. Both the sides will be entitled to file their objections, if any, to the report. iv) Further, the extension shall be subject to the Applicant agreeing to deposit in this Court a sum of Rs.14,00,000/- per month less TDS on or before the 10th day of each month, commencing from 10.11.2008 as an on account deposit. The Respondents shall be entitled to withdraw a sum of Rs.10,00,000/- on account and without prejudice to the rights and contentions of the parties. The Respondents shall file an undertaking to refund any amount if so directed upon the determination of the market rate as above. v) Municipal taxes and all other outgoings and all other statutory taxes etc. in respect of the said premises shall be paid from the balance amounts lying in Court.