: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3216 OF 2009 WRIT PETITION NO.3216 OF 2009 WRIT PETITION NO.3216 OF 2009 Baron Hotels Pvt. Ltd. & Anr. ... Petitioners V/s. Maharashtra Tourism Development Corporation ... Respondents Mr.V.A. Thorat i/b. Mr.U.P. Warunjikar for the Petitioners. Mr.S.P. Bharati for the Respondents. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATE : 27TH APRIL, 2009. DATE : 27TH APRIL, 2009. DATE : 27TH APRIL, 2009. P.C.: P.C.: P.C.: 1. The petitioners have challenged the interim order passed by the District Judge, Pune on 24th February, 2009 in C.A. No.642 of 2008. By this order, the Appeal filed by the petitioners has been admitted. However, the petitioners have not been granted any interim relief i.e. the application for stay of the order of the competent authority dated 11th September, 2008 has been rejected. By this order the competent authority had directed payment of Rs.11,64,28,897/-. The learned Judge has found that although an offer was made by the petitioners to furnish a Bank guarantee of Rs.1.35 crores, this offer could not be accepted in view of the : 2 : circumstances in the present case. The learned Judge has observed that the petitioners had enjoyed the property without paying any amount to the respondents and therefore had refused the offer of the Bank guarantee. 2. Having heard the learned Counsel for the parties, I am of the view that the order dated 24th February, 2009 can be modified by directing the petitioners to deposit within four weeks from today with the respondents herein a sum of Rs.1.35 crores. 3. In the event this amount is not deposited, as directed, the order dated 24th February, 2009 will come into force immediately thereafter. 4. The amount so deposited by the petitioners is without prejudice to the rights and contentions of the parties herein in the Appeal pending before the District Judge, Pune. In the event it is found that any amount is payable by the petitioners, the amount deposited as directed above will be set off against that. 5. On instructions, Mr.Thorat states that the petitioners will surrender the premises to the : 3 : respondents on 2nd May, 2009 without prejudice to the rights and contentions of the petitioners. .....