dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.8072 OF 2007 PETITION NO.8072 OF 2007 PETITION NO.8072 OF 2007 M/s.Bata India Ltd. Petitioners Vs. 1. Mrs.Vimla Dhano Vaswani & ors. Respondents Mr.P.S.Dani i/by Ms.Shruti Baid for the Petitioners. Mrs.Ranjana Parikh for Respondents 1 to 3. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 6th January, 2009. : 6th January, 2009. : 6th January, 2009. P.C. P.C. P.C. Rule was issued on 29.10.2007 as Civil Appeal No.7478/2004 was pending before the Supreme Court of India. Now by Order dated 15.11.2007 the Appeal was dismissed, in view of Order dated 17.08.2006 passed in Civil Appeal No.8015/2002 (Saraswat Co-op. Bank Ltd. v. State of Maharashtra). Therefore, heard finally by consent of the parties. 2. The petitioners/company have challenged the interlocutory order whereby, while staying the judgment and decree of eviction, the Appellate Bench of Small Causes Court at Bombay, directed the petitioners to furnish the security in the nature of Bank Guarantee of Rs.40,00,000/- (Rupees Forty lakhs only), pending the Appeal. ( 2 ) 3. As per the record of the case, the judgment and decree passed by the learned trial Court, the respondents/petitioners have been directed to pay mesne profits at the rate of Rs.208.50 ps. per sq.ft. per month with simple interest thereon at 6% per annum from the date of the filing of the Suit till they hand over the vacant possession. Therefore Rs.1,94,361/- is the mesne profits per month. The petitioners paid Rs.21 lakhs and odd. The balance for 78 months i.e. from 31.01.2001 to 31.07.2007 is Rs.1,51,66,333/-. The interest thereon at the rate of 6% if calculated comes near about Rs.27 lakhs. The balance, therefore, upto 31.07.2007 is Rs.1,54,00,000/-. This money decree has been stayed by the Appellate Court. 4. In view of this, the Appellate Court has exercised its discretion and stayed the decree on condition of furnishing restricted Bank Guarantee of Rs.40 lakhs. The imposition of such condition, in the facts and circumstances of the case, cannot be said to be perverse and/or illegal. Therefore, pending the Appeal, the condition so imposed needs no interference. 5. Resultantly, writ petition is dismissed. Rule is ( 3 ) discharged. No costs. The interim order granted by this Court, in view of dismissal of writ petition, also stands vacated. The time to furnish Bank Guarantee is extended for six weeks from today. [ANOOP [ANOOP [ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)