-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3839 OF 2009 Dr.Neguib Yahyabhai Kanchawalla : Petitioner V/s. Bombay Mercantile Co-op. Bank Ltd. : Respondent ... Mr.Dipan Merchant i/b. M/s.L.C.Tolat & Co., for the petitioner. Mr.S. Mahajan for the respondent. ... CORAM : S.A. BOBDE, J. DATE : APRIL 9, 2009. P.C. 1. Rule, returnable forthwith. Mr.Mahajan for the respondent waives service. Heard by consent. 2. The only issue agitated by the learned counsel for the petitioner is the denial of access to the lift by the Bank. According to Mr.Merchant, the learned counsel for the petitioner, the petitioner is a Cardiologist and a lift is necessary for the patients who come to him. The learned counsel for the respondent-Bank, however, submits that the respondent is in arrears of proportionate outgoings for the last ten years. According to the -: 2 :- respondent, such outgoings come to Rs.12,13,320/- vide exh.3 at page 76 of the paper-book. In these circumstances, without deciding the exact amount of outgoings and without prejudice to the rights of the petitioner to contest as to the exact liability of outgoings, I consider it appropriate in the interest of justice to direct that upon the petitioner depositing 50% of the outgoings of Rs.12,13,320/- in the trial Court within a period of six weeks from today, the respondent-Bank shall allow the use of the lift, water supply and electricity by the petitioner till the disposal of the appeal. The respondent-Bank is directed to commence supply of the aforesaid forthwith. If, however, the petitioner fails to deposit the amount, as aforesaid, this order shall stand vacated and the respondent will be entitled to withhold the aforesaid services. Order accordingly. 3. Rule is made absolute in the aforesaid terms. S.A. BOBDE, J.