... 1 ... IN THE HIGH COURT OF BOMBAY AT GOA. MISC. CIVIL APPLICATION NO.829 OF 2008 in WRIT PETITION NO.454 OF 2008 Anand S. Lad, son of late Mr. Seetakant Lad, major, married, businessman, r/o Yasin Manzil, Dr. Dada Vaidya road, Panaji, Goa. ... Petitioner v e r s u s 1. Ms. Amira Abdul Razak, 2. Ms. Farah Razak, 3. Ms. Sadia Razak, All residing at “Mubarak Manzil” Opp. Govt. Electricity Department, Residential quarters, Aquem, Margao, Goa. ... Respondents. ... 2 ... Mr. S. G. Dessai, Senior Advocate with Mr. S. D. Padiyar, Advocate for the petitioner. Mr. M. S. Usgaonkar, Senior Advocate with Mr. S. Mahambre, Advocate for the respondents. CORAM: A. P. LAVANDE, J. ORDER RESERVED : 25.11.2008. ORDER PRONOUNCED: 17.12.2008. P.C.: Heard Mr. S. G. Dessai, learned Senior Advocate for the petitioner and Mr. M. S. Usgaonkar, learned Senior Advocate for the respondents. 2. By this application the petitioner against whom an order of eviction has been passed by both the authorities seek permission to deposit rent at the rate of Rs.200/- per month. ... 3 ... 3. According to the petitioner, the petitioner has deposited rent at the rent of Rs.200/- per month till July 2008 before the Administrative Tribunal, at Panaji. 4. The respondents have filed reply opposing admission of the petition and stay of the impugned in which it has been stated that the suit premises would fetch Rs.20,000/- per month as rent in the event the said premises are let out. Placing reliance upon the judgment of the Apex Court in Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd. reported in (2005) 1 Supreme Court Cases 705, Mr. Usgaonkar submitted that since both the authorities below have ordered eviction of the petitioner from the suit premises, in the event, the petition is admitted and stay of eviction is granted, the petitioner must be called upon to deposit the rent at the rate of Rs.20,000/- ... 4 ... per month from the date of the judgment and order passed by the Rent Controller. 5. The submission made by Mr. Usgaonkar has been opposed by Mr. Dessai appearing for the petitioner. 6. Considering the location and the area of the suit premises and in view of the judgment in the case of Atma Ram Properties (P) Ltd. (supra) I am of the considered opinion that it would be in the interest of justice to direct the petitioner to deposit in this Court compensation/rent at the rate of Rs.6000/- per month from July 2007 since the impugned order was passed on 27.06.2007. The petitioner shall deposit the compensation/rent for the period from 01.07.2007 to 31.12.2008 on or before 20.01.2009. The amount, if any, deposited by the ... 5 ... petitioner before the Administrative Tribunal for the said period i.e. July 2007 till July 2008 as claimed by the petitioner shall be adjusted against the said amount. The petitioner shall continue depositing in this Court the amount of Rs.6000/- per month on or before 10th of every month beginning from February, 2009 till disposal of the appeal. Liberty to the respondents to withdraw the admitted rent i.e. Rs.200/- per month, in case the petitioner deposit the compensation/rent. 6. The execution of the impugned judgment and orders are stayed subject to deposit of the compensation/rent by the petitioner in this Court as directed above. Application stands disposed of. A. P. LAVANDE, J. lh/.