RAJIV TULSHIRAM ITOLE Vs. DHIRAJLAL HIMMATLAL SHAH

JUDGEMENT

(1.) Rule. Heard forthwith by consent of learned counsel for rival parties.

(2.) The learned counsel for petitioner submits that his request for extension of time to deposit arrears of rent to the tune of Rs.01,12,000/- was turned down by the court below on three occasions. The learned counsel submits that the petitioner is having a small shop of books and stationery and is unable to make arrangement for the entire amount, but still he has deposited amount of Rs.15,000/- on 26.6.2008. The appeal filed by the petitioner is pending before the appellate court.

(3.) Mr.Mohta, learned counsel for respondent, vehemently opposed the writ petition and argued that the appellate court has shown sufficient indulgence and it would be improper to show further indulgence in writ jurisdiction of this court.