: 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 APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 601 OF 2008 FROM ORDER NO. 601 OF 2008 FROM ORDER NO. 601 OF 2008 Spicer Memorial College, Aundh, Pune. ... Appellants. V/s. The Maharashtra State Electricity Distribution Company Ltd. ... Respondents. Mr. Shriram S. Kulkarni for the Appellants. Mr. Phiroze Palkhiwala with Mr. Sameer Chitnis i/b. M/s. Crawford Bayey & Co. for the Respondents. CORAM CORAM CORAM : SMT. R.P. SONDURBALDOTA, J. : SMT. R.P. SONDURBALDOTA, J. : SMT. R.P. SONDURBALDOTA, J. DATE DATE DATE : 12TH SEPTEMBER 2008. : 12TH SEPTEMBER 2008. : 12TH SEPTEMBER 2008. P.C. P.C. P.C. :- :- :- . On 25th June 2008 the learned Counsel for the Appellants had made a statement that the Appellants are willing to withdraw the appeal without prejudice to the rights and contentions of the Appellant in the dispute and comply with the order of deposit subject to reasonable instalments being granted. The instalments contemplated by the Appellants were of six equal monthly instalments for deposit of an amount approximately of Rs.66 lakhs. Therefore, notice was directed to be issued to the Respondents only for the purpose of ascertaining whether the instalments are to be granted. Accordingly, the notice has been served : 2 : and the Respondents are before the Court. The Respondents have strong objection to the instalments being granted to the Appellants. According to them, the suit filed by the Appellant is not maintenable and it is also an abuse of process of law. It is not necessary to go into this contention at this stage since the Appellants desire to withdraw the appeal and only seek some time to deposit the amount as per the impugned order. 2. In my opinion, the time granted up to 15th October 2008 would be reasonable time since the Appellants have already had the advantage of extension of time due to the pendency of the present proceedings since the date of impugned order. Therefore, the time to deposit the amount as per the impugned order is extended till 15th October 2008. 3. The learned Counsel for the Respondents informs the Court that the Respondents have raised the preliminary objection to the maintainability of the suit in the Civil Court. Based on the objection, a preliminary issue has been raised under Section 9-A of the Code of Civil Procedure and that is kept for : 3 : hearing before the Trial Court on 4th October 2008. The Trial Court is directed to hear and decide the preliminary issue on or before 17th October 2008. 4. At the request of Mr. Kulkarni, it is clarified that all the rights and contentions of the Appellants in the dispute are kept open. 5. Parties to act on authenticated copy of the order. (SMT. (SMT. (SMT. R.P. SONDURBALDOTA,J.) R.P. SONDURBALDOTA,J.) R.P. SONDURBALDOTA,J.)