1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6977 OF 2008 Laxmi Prakashchandra Oswal. ..Petitioner. V/s. Shivajirao Appaji Patil. ..Respondent. Mr.A.M.Kulkarni for petitioner. Mr.J.Shekhar i/b. M/s. J.Shekhar for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The limited grievance made before this Court is that even though the Trial Court has refused to grant relief of recovery of sum of Rs.13,600/-, the Appeal Court has called upon the Petitioner to pay amount of Rs.One Lakh, as condition for interim relief. This according to the Petitioner is unstatable. 3. The argument though attractive at the first blush clearly overlooks that the amount of Rs.One Lakh assumed by the lower Court is towards arrears of licence fees. It is the case of the Respondent that 2 the Petitioner has not paid any licence fee since July, 2000. It is agreed between the parties that the licence fee per month was Rs.1050/-. If it is so, the Petitioner would be liable to make that amount good, if already not paid. Indeed, in terms of Order dated 14th October, 2008, the Petitioner has deposited Rs.50,000/- in lower Court. The Petitioner shall deposit balance amount toward arrears of licence fee, if any within four weeks from today. 4. The Petitioner through Counsel assures to comply with this requirement. The Petitioner through Counsel also undertakes to comply with second part of the direction given in the impugned order calling upon the Petitioner to pay amount at the rate of Rs.1,050/- towards licence fee before 10th of every English calender month towards future licence fee. 5. Failure to comply any of the above condition, it will be open to the Appellate Court to dismiss the Appeal preferred by the Petitioner for non-prosecution. All questions in that behalf are left open. 6. In the event, the Petitioner is of the opinion that he has already paid requisite amount 3 towards licence fee at the rate of Rs.1,050/- per month and is not in arrears of any amount, may file affidavit to that effect before the Appellate Court and substantiate that position. If the Respondent were to contest that position, the Appellate Court may first address that controversy and if it is found that the stand taken by the Petitioner that he is not in arrears of any amount is false, that can also be a ground to dismiss the Appeal pending before the Appellate Court on the finding that such litigant cannot be shown any indulgence and should be non-suited at the threshold. 7. Needless to clarify that the Petitioner would be entitled to adjustment of Rs.50,000/-, as already deposited before the lower Court. 8. It is also agreed between the parties that they will extend full cooperation to the Appellate Court for early disposal of the appeal, if the said Court is inclined to expedite the hearing of the appeal. That assurance is accepted. 9. Petition is disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)