2006wp2782.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.2782 OF 2011 Gulabchand Hariramji Daga and anr. ..vs.. Vinod Manshankarji Joshi ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.A.V.Gawande, Adv. for the petitioners. CORAM : R.M.SAVANT, J. DATED : 20th June, 2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 19th April, 2011, by which order the petitioners have been asked to deposit an amount of Rs.3000/- per month in the court including the other charges. The petitioners have suffered a decree in the Small Cause Case No.70 of 2007 filed by the respondent/landlord for recovery of arrears of rent and eviction against the petitioners. Against the said decree dated 31/03/2009, the petitioners have filed an appeal under Section 34 of the Maharashtra Rent Control Act, 1999 before the District Judge, Amravati with an application for condonation of delay and also stay application. The delay in filing the appeal was condoned. However, on the stay application the petitioners were put to terms by the First Appellate Court by directing them to deposit an amount of Rs. 3000/- per month excluding the other charges. The said 2006wp2782.11.odt 2 deposit was to be made per month pending the appeal. In my view, considering the judgment of the Apex Court reported in (2009)9 SCC 772 in the matter of State of Maharashtra and anr. ..vs.. Super Max International Pvt.Ltd. and ors., such a condition would be justified. In that view of the matter, no case for interference is made out. The writ petition is dismissed. JUDGE chute