JUDGMENT :

DINESH MEHTA, J.

I.A. No. 01/2021:—

1. The present application filed on 07.12.2021, captioned under Section 151 of the Code of Civil Procedure for extension of time for compliance of the order dated 16.05.2019 has come up for consideration of the Court.

2. Mr. Anirudh Purohit, learned counsel for the appellants submitted that appellants have failed to comply with condition No. (ii) of the order dated 16.05.2019 on account of communication gap, inasmuch as the interim order dated 16.05.2019 could not be conveyed to the appellants.

3. He submitted that it was only when the appellants received notice of execution, they realized that they were required to deposit the mesne profit of Rs. 8,000/- per month in the trial Court and the present application seeking extension of time was filed.

4. It was submitted that immediately upon learning of such requirement, the appellants moved an application before the trial Court on 16.05.2022, along with a banker's cheque dated 05.05.2022 in the sum of Rs. 2,88,000/- and requested the trial Court to accept the same and keep the execution proceedings in abeyance.

5. Learned counsel for the appellants submitted that the delay in depositing the arrears of mesne profit was bonafide, while maintaining that the appellants who have been protected by way of interim order would normally not commit such default wilfully. It was asserted that the default was on account of financial constraints, pandemic and circumstances beyond their control.

6. It was prayed by Mr. Purohit that the present application for extension of time be allowed and the period for depositing the amount be extended/modified accordingly.

7. Mr. Thanvi, learned counsel appearing for the respondents submitted that in normal circumstances, he would not have opposed such prayer of the appellants, but in the present case, the facts reveal that the appellants have deliberately not cared to fulfil the requirements of the conditional interim order or have taken the interim order in question casually, inasmuch as having enjoyed the interim order dated 16.05.2019 for about three years, they came into action only on realising that the warrant of possession has been issued. He added that the appellants have offered the amount, fearing that they would be dispossessed by the executing Court.

8. Learned counsel for the respondents argued that no mesne profit had been awarded by the trial Court, hence, the excuse of financial crunch to show the inability to deposit the amount, is baseless. He emphasized that they were supposed to deposit a meagre amount of mesne profit (Rs. 8,000/- per month) in the trial Court, which they failed and hence, no indulgence can be granted to the appellants given that not even once the appellants offered the monthly amount before the trial Court.

9. It was also argued that applicants’ plea that because of financial crunch, they could not deposit the amount is untenable and self - defeating inasmuch as they have deposited a rather huge amount of Rs. 2,88,000/- in one go, when they found that they were about to be dispossessed.

10. Learned counsel further submitted that the appellants had moved the present application on 07.12.2021 (after about 30 months of passing of the interim order) and if the appellants were bonafide and really under financial constraints, they would have moved the application immediately and in such event perhaps the respondents would not have objected to appellants’ prayer.

11. Learned counsel for th