:1: :1: :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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.905 OF 2008 IN SUIT NO.2610 OF 1991 Poona Fibre Products Pvt. Ltd. & Anr. .. Plaintiffs. Vs. R.S.V.Agencies & Ors. .. Defendants. Ms.Usha Rahi i/b Mayur Narendra & Co. for the plaintiffs. Mr.Jaydeep Thakkar i/b J.J.Thakkar for defendant No.4. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 10TH JUNE, 2008. DATED : 10TH JUNE, 2008. DATED : 10TH JUNE, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This notice of motion is taken out by defendant no.4 seeking condonation of delay in depositing the rent/compensation for the period from April, 2005 to this date pursuant to the judgment and order dated 9.12.1993 passed in Notice of Motion No.1953 of 1991. 3. The plaintiffs have opposed the prayers made in the motion, by filing reply affidavit, mainly on the ground that Notice of Motion No.1465 of 2006 was taken out by defendant no.4 with similar prayers and :2: :2: :2: it was disposed of by order dated 14th November, 2006 and, therefore, instant notice of motion deserves to be rejected outright. From perusal of the order dated 14th November, 2006 passed in Notice of Motion No.1465 of 2006 show that the learned advocate for defendant no.4 had withdrawn the said notice of motion stating that he desired to make an application before the Division Bench. It appears, Defendant No.4 had filed appeal against the order dated 9.12.1993 and in that appeal he had taken out Notice of Motion No.229 of 2007 with the similar prayers. That motion was also disposed of as withdrawn vide order dated 3.5.2007. Although the motion was disposed of it was again fixed for directions on 7.6.2007. The matter was once again heard by the Division Bench on 13.7.2007 and on that date the learned advocate for defendant no.4 made a statement that he would take appropriate steps in the matter. Accordingly, the instant notice of motion has been taken out. 4. From perusal of the order dated 9th December, 1993 it appears that the direction to deposit the rent was issued and liberty was given to the plaintiffs to take out appropriate proceedings in the event of default on part of the defendants to deposit the rent/compensation. Admittedly, the plaintiffs :3: :3: :3: have not taken out any proceedings. Keeping that in view and considering overall facts and circumstances of the case I am inclined to allow the prayer in the motion. Notice of Motion is, accordingly, made absolute in terms of prayer clauses (a) and (b). Defendant No.4 to deposit the arrears of rent/compensation within a period of four weeks from today with interest at the rate of 12% per annum. Notice of Motion is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)