IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.3957 OF 2009 IN FIRST APPEAL NO.1876 OF 2008 The Chairman, Bharat Petroleum Corporation Ltd. ...Applicants. v. Smt. Lilabai @ Laxmibai S. Doiphode & Ors. ...Respondents. Mr.S.G.Thorat, adv. i/by Mr.S.R.Page, adv. For the Applicants. Mr.Sandeep Pathak h/for A.V.Anturkar, advs. For the Respondent Nos.1 to 3. CORAM : J.H. BHATIA, J. DATED : 11th December , 2009 P.C. 1 Respondents/plaintiffs have filed this precipe for speaking to the minutes of the order dated 5th October, 2009. Heard the learned counsel for the parties. The learned counsel contends that while passing the order on 5th October, 2009 and allowing time upto 31st March, 2010 to the defendants/appellants to vacate the premises, this Court should have also given direction to the appellants to pay all the arrears of rent and also continue to pay rent till the date of vacating the same. Therefore, last sentence in paragraph 2 beginning with words “Taking into consideration the circumstances...........” stands modified as follows: - 2 - “Taking into consideration the circumstances and the fact that it is a petrol pump, time till 31st March, 2010 is granted to vacate the premises subject to filing undertaking before this Court within five weeks from this date that premises will be vacated and peaceful possession shall be given to the plaintiffs/respondents and that the appellants/defendants shall also pay all the arrears of rent and continue to pay the rent till the date of vacating the premises__” Order be modified accordingly. (J.H. BHATIA,J.)