1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2519 OF 2009 IN FIRST APPEAL NO.305 OF 2009 Vinay R. Jain .....Applicant V/s. Vasai Paan Marketing Sahakari Soc. Ltd. ..... Respondent Mr.N.V.Walawalkar a/w Mr.S.H.Joshi, for the applicant. Smt.Neeta Karnik, for the respondent. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : SEPTEMBER 17, 2009 P.C. 1. The applicant has preferred the aforesaid appeal before this Court challenging the judgment and decree passed by the Trial Court by which decree for eviction is passed against the present applicant. The appeal was admitted on 20-03-2009. In Civil Application No.1152 of 2009, the Division Bench by its order dated 06-03-2009, directed the applicant to deposit Rs.40,000/- from January 2007 by way of interim compensation and such amount was ordered to be deposited in the trial court. By way of this application, the applicant has prayed that he was not aware at that time, that he has paid the said amount for the period which is covered by the said order of the Division Bench. It is therefore, 2 prayed that the applicant may be permitted not to deposit Rs.40,000 for the period of 18 months which may cover the period in question, as according to the applicant there will be double payment. So far as this aspect is concerned, the learned counsel for the respondent states that for the aforesaid period, payment has already been made. It is therefore, clear that the applicant has made double payment. Considering the said fact, the applicant may not pay Rs.40,000/- for a further period of 18 months starting from 01-10-2009 and thereafter, may start making the payment regularly after the 18 month’s period is over. 2. Subject to what is stated above, civil application is disposed of. 3. The learned counsel for the respondent submitted that the applicant is displaying their articles at an open place which is not part of the agreed portion given to him. She further submitted that maintenance charges and water charges are due from the applicant. If the respondent has any grievance in this behalf, it will be open to the respondent to file appropriate civil application with proper material. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)