1 production board 1 cra 336.10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk CIVIL APPLICATION NO. 336 OF 2010 IN CIVIL REVISION APPLICATION NO.211 OF 2009 Bombay Mercantile Co-op. Bank Ltd. ..Applicant. v/s. M/s. Blue Fox Hotels Pvt. Ltd. ..Respondent. .... Mr. M.H.A. Sayed for the Applicant. Mr. Vaibhav Mehta i/b Vibhav Mehta & Associates for Respondent. .... CORAM : J.H.BHATIA, J. DATE : 26TH AUGUST, 2010. P.C. 1 Mentioned. Not on board. Taken on board. 2 Heard the learned counsel for the parties. As per the judgment in Civil Revision Application passed on 15th June, 2009 the Applicant was granted one year’s time to vacate the premises. On expiry of that period the Applicant got extension of time up-to 31st August, 2010 by an order in Civil Application No. 209 of 2009 and filed an undertaking to vacate the premises on 31st 2 production board 1 cra 336.10.doc August, 2010. The Applicant seeks further extension on the ground that it could not get the possession of the other premises, inspite of agreement with a third party. After some discussion, the learned counsel for the Respondents agrees for extension by further two months subject to condition that the Applicant should pay compensation of Rs.2,00,000/- per month for September, 2010 and October, 2010. The learned counsel for the Applicant, on instructions, accepts the condition. 3 Therefore, execution of decree shall remain stayed till 31st October, 2010 subject to the Applicant paying compensation at the rate of Rs.2,00,000/- per month for September and October, 2010 and also filing an undertaking that it shall vacate the premises by 31st October, 2010. It is made clear that no further extension of time shall be granted in any circumstance. 4 The amount be deposited by 10th of the each month and it shall be eventually adjusted towards the mesne profits which the executing court may determine. The Respondent shall be at liberty to withdraw the amount. 5 Application stands disposed of accordingly. [ J.H.BHATIA, J. ]