1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1167 OF 2008 IN WRIT PETITION NO.6993 OF 1998 Kunverji Dharshi deceased through heirs and legal representatives 1(a) Bhupendra Kunverji Motta and others ..Applicants. Vs. 1(a)(a) Nutanlal Pitambardas Tanna and others ..Respondents. .... Ms. Prachi Tatke i/b Mr. R.A. Thorat for the Applicants. Mr. Vinod Thacker for the Respondents. .... CORAM: DR. D.Y. CHANDRACHUD, J. 19th September, 2008. P.C. : The Civil Application has been taken out for permission to deposit the amount of rent for the year 2007 before the Small Causes Court at Mumbai in respect of the suit premises. It has been averred in paragraph 6 of the Civil Application that the entire rent upto December 2006 was deposited without any default. However, subsequently the amount was not paid on time and when the Small Causes Court was approached in May 2007, the deposit was not accepted in the absence of an order of this Court. 2 Counsel appearing for the Respondents submitted that the Respondents shall in fact urge at the hearing of the Petition that the aforesaid default is one more circumstance to establish why the decree for eviction on the ground of arrears is sustainable. At this stage, it would be only appropriate and proper if permission to deposit the rent is granted without prejudice to all the rights and contentions of the parties at the final hearing of the Petition. The Civil Application is accordingly made absolute in terms of prayer clause (a) leaving open all the contentions of the Respondents in regard to the ground of arrears that may be urged at the final hearing. The Petitioners shall deposit all the arrears upto date within a period of two weeks from today. *****