:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.16 OF 2008 CIVIL APPLICATION NO.16 OF 2008 CIVIL APPLICATION NO.16 OF 2008 IN IN IN CIVIL REVISION APPLICATION NO.155 OF 2007 CIVIL REVISION APPLICATION NO.155 OF 2007 CIVIL REVISION APPLICATION NO.155 OF 2007 The State of Maharashtra & Anr. ...Applicants. v. M/s.Mahendra Investment Syndicate ...Respondent. Mr.V.S.Gokhale, A.G.P. for the Applicant/State. Mr.A.S.Khandeparkar i/by Khandeparkar & Associates , adv. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 1st February, 2008. DATE: 1st February, 2008. DATE: 1st February, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. Revision application filed by the present applicant was dismissed by this Court vide the order dated 26th April, 2007. However, on a request made by the learned A.G.P. on behalf of the applicant, time was extended to vacate the premises till 31st January, 2008 with direction that the applicant shall deposit arrears of rent and permitted increases within eight weeks from the date of the order with further direction that the applicant would continue to pay monthly rent and the permitted increases regularly. By this application, the applicant seeks to deposit the cheque of Rs.5,57,402/- dated 12-12-2007 towards the payment of arrears upto :2: 31st March, 2007. It further seeks stay to the execution of the decree till 30th June, 2008 on the ground that the applicant intends to challenge the order of this Court before the Supreme Court by filing Special Leave Petition. 3. Even though the period granted by this Court for vacating the premises is already over and the period of limitation for filing Special Leave Petition is over almost six months ago, no such Special Leave Petition has been filed and the present application only shows the intention of the applicant to file such a petition. It does not disclose that any instructions have been given to the A.G.P to file a petition so far. It is also material to note that the order about payment of arrears within eight weeks was not complied by the applicant. The applicant has also not complied with the directions to pay monthly rent and permitted increases regularly. Today also the applicant is not willing to file any undertaking to vacate the premises or to pay arrears of rent till this day. In view of these circumstances, I do not see any sincerity in filing this application. 4. In view of the above circumstances, request to permit prayer clause (a) is granted and the Small Cause Court is directed to accept the cheque of Rs.5,57,402/- within one week from this day. If it is deposited, the :3: respondent/landlord shall be allowed to withdraw the amount. Remaining part of the application stands dismissed. 5. The respondent/decree holder shall be at liberty to execute the decree. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)