1 sg IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.889 OF 2011 M/s Adarsh Printers ... Appellant Versus M/s. Dayabhai & Co.Pvt.Ltd. ... Respondents Mr. Sandesh D. Patil for the appellant. Mr. S.S. Jain for respondents. CORAM : SMT. ROSHAN DALVI, J. DATED : 2ND SEPTEMBER, 2011. P.C. 1. The appellant who claims to be a tenant has been directed to pay arrears of rent under the order of the Trial Court dated 14.07.2011. The appellant has defaulted in the payment of rent and also in the payment of arrears of the rent. The appellant in fact cannot be heard in the original proceeding upon such default. 2. The appellant applies for some relief against the instalments granted. The instalments are payable monthly. The amount of arrears at present is Rs.6.76 lacs. The amount of instalment is Rs. 2 lacs. As per the order, the aforesaid amount is payable within the next three months by three instalments of Rs.2 lacs, Rs. 2 lacs and Rs.2.76 lacs. Counsel on behalf of the respondent consents that instead of making payments each month, the appellant gives a bank 2 guarantee and pays the instalments within an extended period. The appellant is present in Court agrees and undertakes to pay the balance arrears of rent of Rs.6.76 lacs and to give a bank guarantee within fifteen days. 3. Hence, by consent of the parties the order dated 14.07.2011 is modified as follows :- The appellant shall pay the arrears of rent amounting to Rs. 6.76 lacs in three bi-monthly instalments. The appellant shall pay Rs.2 lacs, Rs. 2 lacs and Rs.2.76 lacs on or before 1st October, 2011 1st December, 2011 and 1st February, 2012. The appellant shall give a bank guarantee for the entire amount of arrears within fifteen days to the Court with a copy to the respondent. If the appellant makes default of any of the instalments commencing 1st October the entire amount shall become due and payable forthwith. 4. The appellant agrees and undertakes to pay each month’s rent regularly from this month itself. Appeal disposed of accordingly. (SMT. ROSHAN DALVI, J.)