IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 386 OF 2009 IN FIRST APPEAL NO. 24 OF 2009 SHRI. OSWALDO JOSE COELHO VELHO ... Applicant Versus GOVERNMENT OF KARNATAKA THROUGH SECRETARY AND ANR., ... Respondents Mr. V. K. Bodke,Advocate for the applicant. Mr. S.R. Rivonkar, Government Advocate for the respondents. Coram:- SMT. R. S. DALVI, J. Date:- 29th April, 2009 P.C. The first appeal has been admitted. 2. The M.C.A. No.789/2008 has been disposed of by an order dated 28.1.2009. Under that order it has been observed that the applicants are entitled to mense-profits. That entitlement has been denied by the respondent. The Court has directed the applicant to pay arrears from April 1999. The arrears are to be deposited @ Rs.16,000/- per month pending the first appeal. It is observed that if the eviction is set aside, the amount that the applicants are paying would be adjusted towards future rent payable to the landlord i.e. the respondent. The amount has been ordered to be deposited within eight weeks. The respondent in M.C.A. No.789/2008 has taken out this application. The respondent desires to withdraw the amount deposited by the applicants in M.C.A. No.789/2008 each month. A reading of the order shows that the respondents are entitled to obtain that amount. That amount shall be adjusted towards the future rent. Even if the respondents' appeal is dismissed, the applicant would continue in possession of the premises. The applicant cannot be allowed to be in possession gratuitously. The rent determined by the Court is required to be paid to the respondent and not to the Court. The order of deposit is made so that the question of receipt etc would not arise. Depositing each month the amount ordered by the Court implicitly shows that the amount is for the respondent and must be given to the respondent. Hence, the respondent shall be entitled to withdraw whatever amount that is deposited so far as well as in future by the applicants in M.C.A. No.789/2008 pending the First Appeal No.24/2009. This shall be allowed to be withdrawn without security. SMT. R. S. DALVI, J. SMA