*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6796/2009 Mr.Shabbir Tayabbhai Unwala. ..Petitioner -VERSUS- Mohd.Yasin Abdul Shakur. ..Respondent ............... Mr.Kunal Bhanage, Advocate for the Petitioner. Mr.M.A.Attar, Advocate for the Respondent. ............... CORAM: A.P.DESHPANDE, J. Dated 09th November, 2009. PC:- 1 Rule. Rule is made returnable forthwith. By consent of the parties, writ petition is taken up for final hearing. 2 The Petitioner is Licensor in regard to premises which are in occupation of the Respondent-Licencee. It is the case of the Petitioner that the declaratory suit was filed by the Respondent claiming himself to be the tenant. However, the said suit has been dismissed in default. After dismissal of the declaratory suit, the present Petitioner instituted a suit for eviction, possession and mesne profit. An application was moved by the Petitioner seeking direction against the Respondent to deposit the licence fees in the Court without prejudice to the rival contentions of the parties. Strangely enough the Trial Court has rejected the said application. Hence, the Petitioner has filed this writ petition. 3 According to the Petitioner, the licence fees has not been paid since August, 1991. However, the learned counsel for the Respondent claims that from 01st January, 1997 the licence fees has *2* not been paid. 4 Without going into the controversy for a period ranging from August, 1991 to December, 1996, I deem it appropriate to pass an order in regard to deposit of the licence fees for the undisputed period viz. from 01st January, 1997 onwards. 5 The learned counsel for the Respondent in all fairness makes a statement that the entire arrears of licence fees which is in the sum of Rs.600/- per month shall be deposited in the Trial Court within a period of eight weeks from today. A further statement is made that the Respondent shall further continue to deposit the licence fees of Rs.600/- per month till the disposal of suit. The statement is accepted. 6 In view of the concession made available by the learned counsel for the Respondent and in view of the admitted facts I pass the following order:- (a) The impugned order is quashed and set aside. (b) The Respondent shall deposit the licence fees at the rate of Rs.600/- per month from 01st January, 1997 till date in the Trial Court within a period of eight weeks from today and shall continue to deposit the said amount every month till disposal of the suit. (c) The Petitioner is permitted to withdraw the said amount subject to ultimate decision of the suit. (d) Writ Petition is allowed. Rule made absolute in the above terms. (A.P. Deshpande, J)