1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1544 of 2003 M/s.Sun-N-Sand Hotels Pvt.Ltd. .. Petitioner versus M/s.Miscellany Marksetters P.Ltd. .. Respondent ... Mr.V.A. Gangal with Ashok T. Gade for the petitioner. Smt.Z.S. Irani for the respondent CORAM : A.M.KHANWILKAR, J DATED : 29th July 2008 P.C.: 1. Heard counsel for the parties. 2. Rule. Rule made returnable forthwith by consent. Ms.Irani waives notice for the respondent. 3. As short question is involved petition is taken up for final hearing forthwith by consent. 4. This petition under Article 227 take exception to the judgement and order passed by the 2 Small Causes Court passed on 22nd February 2001 in Interim Notice no.66 of 2000. By the said application, petitioner plaintiffs asked for two reliefs. The first relief was to expedite the hearing of the suit. However it is common ground that the hearing of the suit has already commenced. Therefore, nothing survives for consideration in so far as that interim relief is concerned. 5. The petitioners asked for further relief for direction against the defendants to deposit sum of Rs.34,800/- being electricity charges payable by the respondents defendants with effect from October 1995 @ Rs.600/- p.m. and to pay future electricity charges on monthly basis @ Rs.600/- p.m. The court below has rejected that claim of the petitioners on the reasoning that the agreement of service by the parties does not oblige the respondents defendants to pay electricity charges. 6. Counsel for the respondent on instructions states that without entering into the controversy raised by the petitioner, respondents shall deposit sum of Rs.72,000/- in the lower court within four weeks from today towards electricity charges as claimed by the petitioners. That deposit however will be without prejudice to the rights and 3 contentions of the respective parties in the pending suit. 7. In the circumstances, at the request of the respondents without recording any reasons, as that may affect the merits of the contention available to the respective parties before the lower court, I proceed to dispose of this writ petition by setting aside the impugned order and disposing of the interim notice filed by the petitioner on accepting the assurance given by the respondents that amount of Rs.72,000/- shall be deposited by the respondents in the trial court within four weeks from today towards electricity charges in respect of the suit premises. The petitioner will be free to apply to the trial court for permission to withdraw the said amount, which application may be decided on its own merits. The deposit to be made by the respondents is without prejudice to the rights and contentions of the parties. 8. All questions in the pending suit between the parties are kept open to be decided on its own merits in accordance with law. Respondents shall also continue to deposit sum of Rs.600/- per month towards future electricity charges in the trial court which shall be without prejudice to the rights and 4 contentions of the parties. (A.M.KHANWILKAR, J)