IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1932 OF 2006 IN SECOND APPEAL NO. 1116 OF 2006 Sunil Subhashchandra Aland ... Appellant ( Original Plaintiff ) Vs. Nagar Parishad, Akkalkot. ... Respondent (Org. Defendant) Mr. Ashok B.Tajane,Advocate, for the appellant. Mr.T.D.Deshmukh,Advocate, for the respondent CORAM: J.H.BHATIA,J. DATE : 28th August, 2009. P.C. The Second Appeal is admitted. The appellant was an educated unemloyed person and was allotted a shop to run business therein. He fell in arrears of rent, which was fixed at the rate of Rs.392/- per month initially. The written statement reveals that for the period of August 1998 to October 1999, the plaintiff/appellant had fallen in arrears of rent and the total amount of arrears of rent was Rs.5880/-. However, the Municipality claimed an amount of Rs.24,175/- as penalty for the arrears of rent with additional Municipal tax of Rs.3359.60 ps. Thus, the Municipality claimed Rs.27,534.60 ps. over and above the arrears of rent being Rs.5880/- for the period of 15 months. Prima facie, the claim of the Municipal Couincil about penalty does not appear to be justified. 2. Therefore, pending the appeal, the Respondent-Municipality shall be restrained from making recovery of the penalty amount and from dispossessing the plaintiff/appellant from the suit premises without following procedure of law, subject to condition that the plaintiff/appellant shall deposit all the arrears of agreed rent with interest at the rate of 9% per annum thereon till the end of August, 2009 within 3 months from this day and shall also continue to deposit the consent rent every month with the Municipal Council. Application stands disposed of accordingly. (J.H.BHATIA,J.)