1 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 CIVIL APPLICATION NO. 2506 OF 2006 CIVIL APPLICATION NO. 2506 OF 2006 CIVIL APPLICATION NO. 2506 OF 2006 IN IN IN WRIT PETITION NO. 5990 OF 2002 WRIT PETITION NO. 5990 OF 2002 WRIT PETITION NO. 5990 OF 2002 Mohammed Shafi Machhiwala .. Petitioner. vs. Head Inspector, Municipal Corpn. for Greater Mumbai & Ors. .. Respondents. Mr. Ameya Tamhane i/by A.N. Mulla for petitioner. CORAM: J.N. PATEL & CORAM: J.N. PATEL & CORAM: J.N. PATEL & SMT. NISHITA MHATRE, JJ. SMT. NISHITA MHATRE, JJ. SMT. NISHITA MHATRE, JJ. DATE: 20TH NOVEMBER, 2007. DATE: 20TH NOVEMBER, 2007. DATE: 20TH NOVEMBER, 2007. P.C. . The petitioner has approached this Court seeking a direction that the respondent be directed to collect the monthly rent of the suit premises with all the arrears. In spite of the respondents being served, none appears for the respondent MCGM. 2. We do not find any reason why the respondent could not accept the rent which the petitioner is offering and this can be without prejudice to the 2 rights of the parties which are subject matter of the petition. Therefore, the application is allowed. The petitioner is directed to tender the monthly rent of the suit premises including all arrears within a period of four weeks to the respondents. If sch tender is made, the respondents would accept the same without prejudice to their rights. The petitioner would not claim any equity in the matter merely because he is allowed to tender the rent. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.)