1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION S. NO.346/2011 IN SECOND APPEAL NO.595/2007 Gajanan s/o Devidasrao Thakare ...Versus... Arun s/o Wasudeorao Ladhe Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri N.R. Saboo, Adv. for appellant] [Shri V.G. Bhamburkar, Adv. for respondent/applicant] CORAM : A.B. CHAUDHARI, J. DATED : 03.05.2011. Vide order dated 30.6.2009 an undertaking was given by the learned Counsel on behalf of the appellant to make payment of rent by money order from May, 2008 onwards within a period of four weeks. Learned Counsel for the respondent/applicant states that the appellant has not at all complied with the said order. In response, the learned Counsel for the appellant has now shown to me demand draft of Rs.21,600/-, which shows compliance of the said order in the matter of payment of rent. Learned Counsel for the appellant submits that unintentionally the order was not complied with and he remained in arrears of rent. Be that as it may since the order has not been complied and there was a period stipulated in the order, the appellant cannot be allowed to go scot-free. 2 The fact that the said order has been violated and further fact that the respondent/landlord did not get any rent from May, 2008 till date is sufficient to vacate the interim order made by this Court. But then since the second appeal has been admitted for final hearing, it would not be advisable to either vacate the interim order or dismiss the appeal as prayed by the respondent/applicant. However, the respondent can be compensated by another order imposing costs. Hence, the following order. O R D E R Prayer to dismiss the second appeal is not accepted. Instead, the appellant to handover the demand draft of Rs.21,600/- to the Counsel for the respondent today itself. In addition, the appellant shall pay an amount of Rs.7,500/- (Rupees Seven Thousand Five Hundred Only) to the respondent within a period of two months from today, failing which the interim order made by this Court in second appeal shall stand automatically revoked without further reference to this Court. Civil Application No.346/2011 stands disposed of. CIVIL APPLICATION S. NO.347/2011 Stand over to 21.06.2011. JUDGE ssw