*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7398/2009 Punjab and Sind Bank. ..Petitioner -VERSUS- Hirachand Arjan Patel and others. ..Respondents ............... Mr.S.H.Patel, Advocate for the Petitioner. Mr.R.A.Nagda, Advocate for the Respondents. Mr.J.Bhattacharjee, Manager, Punjab & Sind Bank, Bhandup present in person. ............... CORAM: A.P. DESHPANDE, J. Dated 07th December, 2009. PC:- 1 A decree came to be passed against the Petitioner Bank for ejectment and possession of the premises in question by the Small Causes Court which is confirmed by the dismissal of appeal by the Appellate Bench of Small Causes Court. 2 The learned counsel for the Petitioner Bank submits that the Petitioner Bank has already initiated the process for acquiring proper alternate accommodation. The suit premises are being used for carrying on the banking business by the Petitioner Bank which is a nationalized bank. The Petitioner expects to procure the alternate premises within three months or so, however, by way of abundant *2* precaution, the Petitioner seeks time of six months to vacate the suit premises. The learned counsel for the Petitioner assures this Court that on or before expiry of six months from today the Petitioner Bank would vacate and handover peaceful possession of the suit premises to the landlord which is a public trust. It is submitted that if the time of six months is granted to vacate the premises, the Petitioner is not pressing the present Writ Petition. 3 The above statement is made on instructions from the officer of the Petitioner Bank viz. Mr.J.Bhattacharjee, Manager, Punjab & Sind Bank, Bhandup, who is present in the Court and who has affirmed the present Writ Petition and who also holds the power of attorney on behalf of the Petitioner Bank. 4 The learned counsel for the Respondents has opposed the prayer for grant of six months’ time to vacate the premises. 5 Having regard to the fact that the Petitioner is a nationalized bank carrying out banking business, grant of six months time to vacate the premises would be just and proper, however, subject to filing of usual undertaking by the Petitioner. 6 In the result, Writ Petition is dismissed as not pressed. However, the Respondents shall not execute the decree for possession for a period of six months from today, subject to the condition that the Petitioner Bank shall file an undertaking that the Petitioner shall vacate the suit premises and handover peaceful possession thereof to the landlord which is a public trust on or before expiry of six months from today. The undertaking shall also contain a statement that the Petitioner would continue to pay the rent till the premises is vacated. The payment of rent/ compensation *3* as directed herein above till the Petitioner vacates the premises, would be subject to final adjudication of the amount of mesne profit. The undertaking to be filed within a period of two weeks from today. 7 Writ Petition is, accordingly, disposed of. (A.P. Deshpande, J)