IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1059 OF 2009 IN WRIT PETITION NO. 7340 OF 2004. Dawoodbhai J. Palitnwala (deceased) Lrs. Khatijabai D.Palitanwala & Ors. ..... ..... ...Applicants V/s Madhukar Mahadeo Chavan & Ors. ..... ..... ...Respondents. Ms.Swati Sawant, Adv. for the applicants. Mr.Indrajeet Yadav-Respondent No.5-present-in-person. None for the other Respondents. CORAM: A.P.DESHPANDE, J. 11th November, 2009. PC: This application was listed yesterday when counsel for the petitioners-applicants was present whereas respondent Nos. 4 & 5 had appeared in person and intimated about inability of their advocate to remain present yesterday. Hence the matter was adjourned and is kept today. Today as well counsel for respondents is absent. Respondent No.5 is present in the Court. He submits that 10 days’ time be granted to clear the arrears. 2. According to the petitioners respondents are in arrears of rend from February, 2008 till date. Prior thereto despite various orders passed by this Court the respondents had not deposited the amount in time. The Court Receiver has taken possession of the premises and the respondents are presently in occupation of the premises as agent of the Court Receiver. No reply has been filed to the application. The averments made in the application not having been controverted and 1 being backed by an affidavit need to be safely accepted to be true and correct. The rent of commercial premises in question in a meager amount of RS.736/- per month and even that amount is not being paid and/or deposited. In the result application is allowed. The agreed amount of rent at the rate of Rs.736/- per month shall be deposited/paid by the respondents to the petitioners from February, 2008 till date within a period of 10 days from today. The respondents are further directed to deposit the amount at the rate of Rs.736/- pe4r month on or before 10th day of every month until further orders. The petitioners are permitted to withdraw the amount already deposited by the respondents for the period commencing from February, 2004 till January, 2008 and are also permitted to withdraw the amount that would be deposited by respondents here after. In the event if respondents commit any three consecutive defaults in depositing/paying the amount of rent to the petitioners the defence of the respondents shall be struck off and the Court Receiver shall proceed to initiate action against the respondent for dispossession after obtaining permission of the Court. Application stands disposed of. 11.11.2009. 2