1 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 APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO. 382 OF 2007 NO. 382 OF 2007 NO. 382 OF 2007 inin in WRIT WRIT WRIT PETITION NO. 3170 OF 2003 PETITION NO. 3170 OF 2003 PETITION NO. 3170 OF 2003 Jaysing Jaysing Jaysing Ramchandra Ingawale Ramchandra Ingawale Ramchandra Ingawale ...... Petitioner Petitioner Petitioner vs vs vs Vithal Vithal Vithal Ranoji Vhatkar Ranoji Vhatkar Ranoji Vhatkar ...... Respondent Respondent Respondent Mr.Amit Mr.Amit Mr.Amit Borkar Borkar Borkar for Petitioner for Petitioner for Petitioner Mr.P.N.Karlekar Mr.P.N.Karlekar Mr.P.N.Karlekar for Respondent for Respondent for Respondent CORAM CORAM CORAM : : : S.A.BOBDE, J S.A.BOBDE, J S.A.BOBDE, J DATED DATED DATED : : : 17th August, 2007 17th August, 2007 17th August, 2007 P.C. P.C. P.C. 1.1.1. By this Civil Application, the By this Civil Application, the By this Civil Application, the petitioner-tenant petitioner-tenant petitioner-tenant seeks seeks seeks extention of time to deosit extention of time to deosit extention of time to deosit the the the amount of rent. This Court by an order dated amount of rent. This Court by an order dated amount of rent. This Court by an order dated 20th 20th 20th January, 2006 granted six weeks to the January, 2006 granted six weeks to the January, 2006 granted six weeks to the petitioner petitioner petitioner to deposit the rent failing which the to deposit the rent failing which the to deposit the rent failing which the respondent-landlord respondent-landlord respondent-landlord was permitted to apply for was permitted to apply for was permitted to apply for vacating vacating vacating the ad interim relief. Time to deposit the ad interim relief. Time to deposit the ad interim relief. Time to deposit the the the arrears of rent expired sometime in March, arrears of rent expired sometime in March, arrears of rent expired sometime in March, 2006. 2006. 2006. However, the petitioner had not deposited However, the petitioner had not deposited However, the petitioner had not deposited the the the rent rent rent amount. After a period of one month or so amount. After a period of one month or so amount. After a period of one month or so the the the petitioner made an application for permission petitioner made an application for permission petitioner made an application for permission toto to deposit deposit deposit the rent and that too in the trial Court the rent and that too in the trial Court the rent and that too in the trial Court even even even though the order was made by this Court. The though the order was made by this Court. The though the order was made by this Court. The trial trial trial Court rejected the application. Court rejected the application. Court rejected the application. 2.2.2. Thereafter, in the month of June, 2006 the Thereafter, in the month of June, 2006 the Thereafter, in the month of June, 2006 the petitioner petitioner petitioner had applied to this Court for extention had applied to this Court for extention had applied to this Court for extention of of of time. I see no merit in the application for time. I see no merit in the application for time. I see no merit in the application for extention extention extention of time to deposit the rent particularly of time to deposit the rent particularly of time to deposit the rent particularly since since since no valid reason is given by the petitioner no valid reason is given by the petitioner no valid reason is given by the petitioner 2 for for for not depositing the same and also particularly not depositing the same and also particularly not depositing the same and also particularly since since since a decree against the petitioner is on the a decree against the petitioner is on the a decree against the petitioner is on the ground ground ground of defaults in payment of rent. Hence, of defaults in payment of rent. Hence, of defaults in payment of rent. Hence, there there there is no merit in the application which is is no merit in the application which is is no merit in the application which is hereby hereby hereby rejected. rejected. rejected. (S.A.Bobde, (S.A.Bobde, (S.A.Bobde, J) J) J)