JAVADH BEHARI ROHATGI, J. (oral)

( 1 ) THIS case raises a point of banking law and practice. The point raised is a short one but it arises in a tortuous litigation.

( 2 ) SHAM Lal Gupta is the landlord of building No. 16-B]iv situated at Asaf Ali Road, New Delhi. He let the ground floor of the building to one T. N. Mathur who was carrying on business under the names and style of the Central Board of Industries and Commerce at a monthly rent of Rs. 800. 00 per month. The tenant did not pay rent. The landlord filed an eviction case against him. Arrears of rent were due from the tenant from 1st December, 1965.

( 3 ) ON 17th December, 1969, the Additional Rent Controller passed an order under s. 15 (1) of the Delhi Rent Control Act 1958 (the Act ). Against the order the tenant appealed to the Rent Control Tribunal. The tribunal dismissed the appeal on 5th August, 1970. The tenant appealed to the High Court. His appeal was admitted. The tenant asked for stay of the operation of the order of the Additional Controller. On 2nd September, 1970, Sachar J. made an order that if the tenant deposits Rs. 20,000. 00 in cash before the Registrar on that very date and furnishes a security in the sum

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