1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.4182 OF 2009 Anwar Abdul Kadar Motiwala ...Petitioner vs. Iqbal Ishaq Sharif ...Respondent Mr.Sameer Vaidya i/b Mr.Shiva Patil for the petitioner Mr.S.Nagvadaria for the respondent CORAM :A.S.OKA,J. DATE : AUGUST 14, 2009 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is a defendant-tenant in a suit filed by the respondent before the court of Small Causes. The suit has been filed by the respondent for eviction on the ground that the petitioner was a licensee in respect of the suit premises. Pending the suit an interim order was passed by the trial court directing the petitioner to deposit a sum of Rs.3000/- per month from 8th August 2006 till 31st December 2006. The petitioner was directed to keep on depositing a sum of Rs.3000/- per month on or before 10th day of every calendar month. 2 In an appeal, the Appellate Bench of the Small Causes Court partly allowed the appeal thereby reducing the amount to Rs.1500/- per month. The petitioner was granted time till 12th March 2009 to deposit the arrears 2 up to February 2009. The said order was challenged by the petitioner by filing a Writ Petition. The said writ petition was dismissed on 19th March 2009. 3 When this writ petition came up on board on 4th May 2009, this court passed an ad-interim order directing that an application made by the respondent for striking out the defence of the petitioner shall not be proceeded with subject to condition of the petitioner depositing the entire amount of arrears within a period of two weeks from that date. By further order dated 18th May 2009, the time to deposit arrears was extended till 8th June 2009. 4 Prayer made in this writ petition is for quashing the order dated 4th April 2009 passed by the Appellate Bench of Small Causes Court. It must be noted here that on 24th March 2009 the Appellate Bench of the Small Causes Court directed the petitioner to deposit the arrears on or before 4th April 2009. The grievance of the petitioner is that the office of the Small Causes Court has not accepted the arrears on the ground that the time granted to deposit the arrears expired on 12th March 2009. An application for extension of time was rejected by the Appellate Bench on 4th April 2009 which is the order impugned in this writ petition. 3 5 It is not in dispute that the ad-interim order passed on 4th May 2009 by this court has not been complied with by the petitioner. The effect of orders dated 4th May 2009 and 18th May 2009 passed by this court is that the time granted by the Appellellate Bench of the Small Causes Court to deposit the amount was extended till 8th June 2009. One of the grounds taken in the writ petition and in particular ground (c) is that though the petitioner was ready and willing to deposit the amount of arrears, the same was not accepted by the office of the Court of Small Causes on the ground that the time to deposit the amont had expired on 12th March 2009. The contention raised in the petition is that as the petitioner was ready and wiling to deposit the arrears, the Appellate Bench ought not to have rejected the prayer for extension of time. 6 As pointed out earlier, the effect of the orders passed in this writ petition is that the time which was expired on 12th March 2009 was extended till 8th June 2009. Even as of today, there is no compliance made by the petitioner with the said order. 7 The learned counsel for the petitioner pointed out that the petitioner has made an application for modification of the order dated 19th march 2009 passed by this court in W.P.No.2890 of 2009. However, pendency of 4 that application is no ground to extend the time to deposit the arrears. Considering the conduct of the petitioner, no case is made out for granting further extension of time. No case is made out for showing any indulgence. Writ petition is rejected. 8 However, it is made clear that the petitioner is free to prosecute the civil application filed in writ petition no.2890 of 2009. JUDGE