1 S.B.CIVIL MISC. APPEAL NO.2672/2009. M.C., Alwar & Anr. VS Mahesh Sethi. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.2672/2009. Municipal Corporation, Alwar and Another. VERSUS Mahesh Sethi. 29.05.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Brij Kishore Sharma, for the appellants. Mr.Mohit Gupta, for the respondents. ***** During the course of hearing, it was pointed out that in pursuance of the order dated 28.05.2009, an amount of Rs.4,07,813/- has been deposited in the bank account of the appellant Municipal Council by the respondent. Learned counsel for the appellant submits that dues against the respondent amounts to Rs.4,20,000/- which includes the amount of service tax plus proportionate rent of Rs.1.36 lakhs for the month of June, 2009. The respondent is willing to furnish a solvent security for the aforesaid amount of Rs.4.20 lakhs leaving the parties to adjudicate the rights with regard to the service tax, I deem it just and proper to direct that in case the respondent submits a solvent security to the satisfaction of the learned trial court of an amout of Rs.4.20 lakhs towards the lease for the month of June, 2009 and for the amount of service tax 2 S.B.CIVIL MISC. APPEAL NO.2672/2009. M.C., Alwar & Anr. VS Mahesh Sethi. amounting to Rs.2.9 lakhs, the learned trial court would permit the respondent to remove his material from the premises in dispute and would direct the appellant to permit the respondent to remove the same. On the furnishing of the solvent security, it would be open for the appellant – Municipal Council to re- advertise and give the premises on lease on the vacation or removal of the material by the respondent from June, 2009 onwards or use it for their own use as per their discretion. So far as the amount of Rs.1.36 lakhs is concerned which is determined as the rent for the month of June, 2009, the respondent is permitted to deposit the same in three installments i.e. the first two of Rs.40,000/- each and the third installment of the balance amount of Rs.56,000/-. In case the aforesaid amount is paid within a period of three months in three installments, the appellant shall have no further claim in respect of the rent of the premises against the respondent. So far as the dues on account of service tax are concerned of Rs.2.09 lakhs (approx) and interest/ penalty thereon that would be adjudicated and decided in the proper forum regarding the fixation of liability and quantification thereof. In the event of the solvent security for Rs.4.20 3 S.B.CIVIL MISC. APPEAL NO.2672/2009. M.C., Alwar & Anr. VS Mahesh Sethi. lakhs being furnished, the learned trial court would return the cheque No.070339 dated 28.05.2009 to the respondent and the same shall not be presented for encashment. In case the amount of Rs.1.36 lakhs is not paid in three installments, the appellant shall have the right to recover the same from the solvent security of Rs.4.20 lakhs. In case the respondent fails to pay the amount if found due from the respondent towards service tax, the appellant would be entitled to recover the same and pay to the authorities out of the surety furnished by the respondent. In view of the fact that the amount of Rs.4,07,813/- towards the installment for the period 28.02.2009 to 27.05.2009 has been paid in cash and for which earlier a cheque had been given by the respondent to the appellant which had been dishonoured, the appellant undertakes to withdraw the proceedings under Section 138 of the Negotiable Instruments Act filed in that behalf. Subject to the above, the appeal as well as the stay application stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.