1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.532 OF 2010 IN WRIT PETITION NO. 506 OF 2010 Smt. Irene Martin Mukherjee .. Applicant Vs Mrs. Kalpana Pachauri & Ors. .. Respondents -- Shri Puneet Chaturvedi along with Ms L.K. Bulchandani for the Applicant. Shri A.M. Rajbally for Resondent Nos.1 and 3. Shri P.S. Tiwari for Respondent No.2. -- CORAM : A.S.OKA, J. DATE : 18TH FEBRUARY, 2010 P.C: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondents. 2. The prayer in this application is for grant of extension of time by a period of 8 weeks for complying with the order dated 8th February, 2010. Clause (2) of the order dated 8th February, 2010 reads thus:- “2. The Petitioner has come out with a case in the Plaint that she is a tenant in respect of the suit premises and the agreed monthly rent thereof is Rs.5,000/-. It is an admitted position that from May, 2001, the Petitioner has not deposited a single farthing. The Petitioner is directed to deposit in the trial Court 50% amount of the arrears of rent calculated at the rate of Rs.5,000/- per 2 month from May, 2001 upto 31st January, 2010 on or before 16th February, 2010. It is obvious that the deposit will be without prejudice to the rights and contentions of the parties. Ad-interim relief granted earlier is extended till 18th February, 2010.” 3. The case made out in the application for extension of time is that the applicant has made an application for grant of loan to a Bank for complying with the order of this Court dated 8th February, 2010 and the Bank needs time of four weeks to process the loan application. A grievance was made to this Court that a copy of the order dated 8th February, 2010 could not be made available and therefore, only on the basis of the oral order, the Application for sanction of loan was required to be made. The contention raised across the bar is that as the copy of the order dated 8th February, 2010 was not available, the loan application could not be processed. 4. The Applicant who is the Petitioner in the Writ Petition is claiming to be a tenant in possession of a residential flat situated at Yari Road, Varsova, Andheri (West), Mumbai – 400 061. In the order dated 8th February, 2010, this Court has noted that even according to the case of the Applicant, from May, 2001 the Petitioner had not deposited a single farthing towards the rent. Only by way of indulgence, the ad-interim relief was granted subject to condition of the Petitioner depositing 50% amount of the arrears of rent calculated at the rate of Rs.5,000/- per month. The status of the Applicant as a tenant is disputed by the 1st Respondent. 3 5. Though the ground pleaded in the application for grant of extension of time is not at all a legal and valid, only by way of indulgence, time to comply with the order dated 8th February, 2010 deserves to be granted only till 8th March, 2010. It is made clear that if the compliance is not made with the order, ad-interim relief will not be continued. 6. Before parting with this application, it must be stated that on 15th February, 2010, papers of this Petition were produced before this Court for making a grievance that a copy of the order dated 8th February, 2010 is not uploaded. The said grievance is made without considering the fact that this Court is passing not less than 70 to 80 orders per day, out of which, 15 to 20 are the judgments delivered disposing of the Writ Petitions or the Appeals finally. The order dated 8th February, 2010 was loudly and clearly dictated in the open Court in the presence of the Advocates appearing for the parties. Therefore, such a grievance regarding failure of the Court machinery to make available a copy of the order dated 8th February, 2010 ought not have been made. 7. It is pertinent to note that to show bona fides even a reasonable amount has not been deposited by the Applicant. Though the time is being extended, it is made clear that a copy of this order cannot be made available immediately. 4 8. The Civil Application is disposed of by passing following order. Time to comply with the order dated 8th February, 2010 is extended till 8th March, 2010. The Writ Petition shall be placed for admission on 12th March, 2010. The ad-interim relief granted earlier in the Writ Petition is extended till 12th March, 2010. It is, however, made clear that if the compliance is not made with the order dated 8th February, 2010 on or before 8th March, 2010, ad-interim relief will stand vacated without further reference to the Court. (A.S.OKA, J) ash