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.646 OF 2003 SAM.Khodaram Deolaliwala. ..Petitioner. V/s. Khodaram Sorab Irani since deceeased per L.Rs & Ors. ..Respondents. Mr.Niranjan Shimpi i/b. P.K.Dhakephalkar for petitioner. Mr.J.A.Karia i/b.S.R.Rao for Respondent No.1. Mr.Umesh Kurund for Respondent No.1(C). CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. P.C. : P.C. : P.C. : 1. I see no basis to interfere with the concurrent finding of fact recorded by the two Courts below that there is evidence to establish that the notice is duly served on the Defendant No.4 tenant. In fact, the Defendant No.4 sent reply on 17th August, 1983 and also handed over cheque commensurate with the amount demanded in the suit notice. Admittedly, the cheque was returned dishonoured. It is not the case of the Defendant No.4 that within the statutory period he made good the amount demanded in the suit notice after the cheque was dishonoured. The argument of the Defendant No.4 that the Defendant 2 was not informed about the factum of dishonoured cheque does not take the matter any further. After receipt of demand notice, the law mandates that the tenant has to ensure that the amount is tendered within the statutory time. The fact remains that the amount demanded in the suit notice remained untendered. The dishonour of cheque is a good reason to accept the plea of the landlord that the tenant has failed and neglected to pay within the meaning of Section 12(3)(a) of the Act. Accordingly, no interference is warranted. Dismissed. 2. At this stage, Counsel for the Petitioner submits that the Petitioner may consider of approaching the Apex Court against the present order, for which reason execution of decree be kept in abeyance for a period of three weeks from today. The request being reasonable one, the same is granted inspite of objection taken by the Counsel for the Respondents, on condition that the Petitioner/tenant shall submit usual undertaking within one week from today and pay all the outstanding dues in relation to the suit premises. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)