-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 71 OF 2009 IN WRIT PETITION (LODGING) NO. 2889 OF 2008 Fort Motor Equipment Co. and another ).. Petitioners Versus Indian Oil Corporation Ltd. and others ).. Respondents Mr P M Havnur for the Petitioners. Mr Gaurav Joshi i/b M/s DSK Legal for Respondent No.1. Mr C U Singh i/b M Humranwala for the Applicant in Chamber Summons. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 10TH FEBRUARY 2009 P.C. We have heard the learned Counsel appearing for the parties and the Intervenor. 2. The present Notice of Motion has been taken out with a prayer that the time granted in terms of the Order dated 28th January 2009 be extended by six months to vacate the petrol pump. In the -2- affidavit in support of the Notice of Motion, hardly any ground has been made out for extension of the period indicated in our Order. However, it has been stated by the learned Counsel appearing for the Petitioners as well as the learned Counsel appearing for the Indian Oil Corporation at the bar that they will need some time to empty the tanks and remove the machinery and, therefore, it will be necessary to extend the time at least for a short period. On the contrary, the learned Counsel appearing for the Intervenor argues that it being a security threat and the Order dated 28th January 2009 practically being a consented Order, no further extension be granted and in any case the Petitioners have no right to continue in the premises in question. 3. Keeping in view the above circumstances and the stand taken by the learned Counsel appearing for the parties and in the interest of justice, we grant extension upto 10th March 2009 subject to the following conditions :- (a) The Petitioners will file an undertaking in this Court by Friday, the 13th February 2009 stating that they will not operate the petrol pump even upto 10th -3- March 2009; (b) The Indian Oil Corporation shall remove the petrol and petro-chemical products and the machinery within the period afore-stated; (c) The Petitioners may use the office without operating the petrol pump for collection of its dues till that date and permit all the machinery and other things to be removed from the premises in question; (d) We make it clear that the Petitioners will not be entitled to any extension hereafter. 4. Notice of Motion is accordingly disposed of. No order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.