1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1681 OF 2010 Uday Textiles and others Petitioners versus Canadoil Engineering India Pvt.Ltd. Respondent Mr.V.A.Thorat, Sr.Counsel i/by M/s,Khaitan & Jaykar for petitioners. Mr.Vineet Naik a/w Ms.Jyoti Ghag i/by M/s.Thakore Jariwala & Associates for respondent. CORAM : A.S.OKA, J. DATE : 11th March 2010 PC : 1. Not on board. Taken on board. Submissions of the learned counsel appearing for the parties were heard yesterday. The learned counsel for the petitioner, on instructions, states that without prejudice to the rights and contentions of the petitioners, they are willing to open the locks put on the suit premises subject to final outcome of the application for temporary injunction filed along with the suit. He states that the petitioners are willing to do so, provided, the respondents pay a sum of Rs.25.65 lakhs being the arrears of license fee payable as on 31.1.2010 and will continue to pay the agreed license fee in respect of the suit premises till the main application for injunction is heard. The learned counsel for the respondents states that a sum of Rs.25.65 lakhs has been 2 paid to the petitioners today after deducting the tax at source. He states that after deducting the tax at source, a sum of Rs.22,13,460/- has been paid by the respondents to the petitioners. Learned counsel for the respondents further states that till the main application for injunction is heard, the respondents will regularly keep on paying the agreed license fee in respect of the suit premises to the petitioners. The learned counsel for the respondents states that though the entry of the respondents was prevented by the petitioners, even for the month of February 2010, the respondents are willing to deposit the agreed license fee with the Court subject to final outcome of the pending application for injunction. He states that the amount paid in future will be also without prejudice to the rights and contentions of the respondent. 2. Learned counsel for the petitioners accepts that a sum of Rs. 22,13,460/- has been received by the petitioners today. He states that the locks put on by the petitioners will be immediately removed by the petitioners. 3. In view of the aforesaid statements, the petition is disposed of by passing the following order :- A) Statements made by the learned counsel for the parties on instructions of respective parties are accepted; B ) As a result of the said statements, the notice at Exhibit-7 will not 3 survive inasmuch as the locks have been agreed to be removed; C) The Court of Small Causes is directed to decide the injunction notice filed along with the suit as expeditiously as possible and preferably within a period of six weeks from today; D) All contentions of the parties on merits of the suit as well as pending notice for injunction are kept open; E) It is clarified that the agreed license fee payable for the month of February 2010 shall be deposited by the respondents with the Trial Court subject to further order which may be passed in the pending notice. It is clarified that the other amounts shall be directly paid by the respondents to the petitioners; F) The writ petition is disposed of in the above terms. (A.S.OKA, J.)