1 WP-7155-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 7155 OF 2010 Bank of Baroda .. Petitioner vs. M/s. Thomas & Taylor Ltd. .. Respondent Mr. R.A.Thorat,Advocate, for the petitioner. Mr. Pramod Y.Keni, i/b. Thakordas & Malgavkar, Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 19th October, 2010. P.C. 1. Heard the learned Counsel for th parties. 2. Originally, T.E. & R. Suit No.169/219 of 2009 was filed by the respondent. The present petitioner is the defendant in the suit. It was inducted as a sub-tenant by the respondent. The petitioner and the respondent both are the companies. They do not have protection under the Maharashtra Rent Control Act, 1999. The original landlord has also filed a suit for eviction, being T.E. & R. Suit No.71/87 of 2006 against the respondent as defendant No.1 and the present petitioner as defendant No.2 for eviction. In the suit filed by the respondent against the present petitioner, the trial Court directed the petitioner/defendant to deposit amount of compensation from 1.3.2009 to 30.3.2010 under Section 15A 2 WP-7155-10.sxw of C.P.C. That order was challenged in the Revision Application No.231/2010 by the present petitioner. The appellate Bench of the small Cause Court refused to grant any stay to the said order pending the revision application. That order is challenged in the present petition. 3. The learned counsel for the petitioner contends that the question involved in the matter is whether the respondent against whom the original landlord also filed a suit for eviction, can claim compensation at the market rate from the present petitioner, who is the sub-tenant. In my opinion, it is not necessary to enter into this question because the petition is filed only against refusal to stay the order of the trial Court. Therefore, I am not inclined to entertain the petition. 4. In the result, the petition stands dismissed. However, the trial Court shall take up both the suits together and before passing any order about disbursement of the compensation amount, which may be deposited in T.E.& R Suit No.169/219 of 2009, the trial Court shall also hear the original landlord- plaintiff in T.E.& R Suit No.71/87 of 2006. The period to deposit the compensation amount has expired, hence the period is hereby further extended by four weeks. 3 WP-7155-10.sxw Petition stands dismissed accordingly. (J.H.BHATIA,J.)