ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1551 OF 2008 PETITION NO. 1551 OF 2008 PETITION NO. 1551 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.P.S.Dani for the Petitioner. Mr.P.R.Arjunwadkar for the Respondent. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 15th December, 2008. : 15th December, 2008. : 15th December, 2008. P.C. P.C. P.C. The Petitioner has challenged the impugned order dated 4th February, 2008 whereby the Court, on application filed by the Respondent for direction against the Petitioner-Plaintiff for depositing of rent of Rs.9,20,000/-. The Court directed to deposit an amount of Rs.4,00,000/- (Rupees four lacs only) in the Court. Therefore, the present Petition. 2. The Petitioner’s suit for declaration and injunction of his tenancy of the premises which is in occupation based ( 2 ) upon the leave and licence. The area is about 920 sq.meters. It is an industrial shed with machines which is in possession. He has not paid the rent for occupation charges since April, 2006. The Plaintiff’s application to decide the rent or monthly occupation charges is pending. Considering this factual aspect, I see there is no reason to interfere in the same as the non-payment if not in dispute, then the dispute with regard to the factual compensation can be gone into at later stage. Once the possession is there and the Petitioner is enjoying the same, there is no interference with the said order which is dated 04/02/2008. The Petition is, therefore, dismissed. No costs. 3. However, on request time to deposit the balance amount is extended till 09/02/2009. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]