IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1801 OF 2007 IN WRIT PETITION NO.6165 OF 2005 M/s.Chimanlal P.Thakkar, H.U.F. ...Applicant/ Petitioner V/s. Central Bank of India ...Respondent/ Ori.Defendant WITH CIVIL APPLICATION NO.1644 OF 2007 IN WRIT PETITION NO.6166 OF 2005 M/s.Ashok B.Thakkar, H.U.F. ...Applicant/ Petitioner V/s. Central Bank of India ...Respondent/ Ori.Defendant ...... Mr.U.P.Bobade i/b Mr.Mukesh Chheda for Applicants/Petitioners. Mr.R.L.Shethia for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 7, 2009. JANUARY 7, 2009. JANUARY 7, 2009. P.C. : 2 : 1. Heard Counsel for the parties. 2. The Trial Court by its Judgment and Decree dated 11th June 2004 passed the following order : "The suit is decreed against the defendants who shall handover vacant and peaceful possession of the suit premises i.e. premises in the basement admeasuring about approximately 2300 sq.ft. situated at Merchant Chamber Premises Cooperative Society Ltd., 21/1 New Marine Lines, Opposite Patkar Hall, Mumbai 400 020 to the plaintiff within a period of four months. The defendants shall pay mesne profits to the tune of Rs.40,67,160/- (Rs.forty lakhs sixty seven thousand one hundred sixty only) till today at the rate of Rs.1,15,000/- p.m. (Rs.one lakh fifteen thousand only) from 1/7/2001 plus interest at the rate of 6% p.a. The defendants thereafter shall pay the mesne profits at the rate of Rs.1,15,000/- (Rs.one lakh fifteen thousand only) till they handover possession of the suit premises plus interest at the rate of 6% p.a. The plaintiffs shall pay the additional court fees on the mesne profits fixed by this court within four months. Any amount paid by the defendants to the plaintiff till today shall be adjusted against the said mesne profits. The defendants shall pay the costs of the suit. : 3 : Decree be drawn accordingly." 3. This order has been confirmed by the Appellate Court, against which, Writ Petitions have been filed by the original Defendants in this Court. Indeed, the Writ Petitions have been admitted. Insofar as staying the operation of eviction order is concerned, there is no need to interfere with the same, as the Writ Petitions are still pending in this Court. In other words, the interim relief granted by this Court while admitting the Writ Petitions in terms of order dated 7th February 2006 to that extent ought to continue till the disposal of the Writ Petitions. 4. However, the question is: whether the Petitioner Bank is entitled for complete stay of the operation of the decree as passed by the Trial Court. Having regard to the tenor of the decree, it is in the nature of money decree against the Petitioners/Defendants. The Petitioners/Defendants are not only required to pay mesne profits to the tune of Rs.40,67,160/- (Rupees Forty Lakhs : 4 : Sixty-seven Thousand One Hundred Sixty) but continue to pay further amount at the rate of Rs.1,15,000/- (Rupees One Lakh Fifteen Thousand). That amount is payable towards compensation in respect of the suit flat. There is no reason why that liability of the Petitioners should be kept in abeyance. To that extent, the stay order granted by this Court on 7th February 2006 shall stand vacated in terms of this order. 5. Indeed, the question regarding paying interest on the outstanding dues is a matter which will have to be addressed at the final hearing of the Writ Petitions. The Petitioners for the time being shall forthwith deposit the outstanding dues towards mesne profits and compensation payable in respect of the suit property during the pendency of these Writ Petitions as determined by the Trial Court. The Petitioners shall deposit the said amount not later than four weeks from today. 6. I am informed that the amount payable by the Petitioners in terms of the order passed by the : 5 : Trial Court shall be around Rs.73,00,000/- (Rupees Seventy-three Lakhs). The Petitioners through Counsel submits that the said amount of Rs.73,00,000/- will be deposited without prejudice : 6 : to the rights and contentions of the parties to be finally determined at the hearing of the Writ Petitions. That be done not later than four weeks from today. 7. On the amount being deposited by the Petitioners, the Respondents/Applicants would be entitled to withdraw the same on furnishing solvent surety for the commensurate amount. 8. Applications disposed of on the above terms. A.M.KHANWILKAR, J.