ORDER : 1. After hearing learned counsel for the parties, we are of the opinion that in the view we are taking and which is considered to be just and reasonable it does not become necessary to go into the merits of the case. Accordingly, we do not propose to adjudicate upon the correctness of the judgment and we propose to pass the following order which counsel for the parties consider it to be just and reasonable. 2. The appellant will pay a sum of Rs. 5,000/- by a bank draft drawn on a Delhi Bank in favour of Shri Rathin Das, Advocate for the respondents as costs of this appeal and of the proceedings under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 in the trial Court and also in the High Court. This amount by a Bank Draft will be paid within four weeks from today as a condition precedent. If the said amount of Rs. 5,000/- by way of costs is paid within four weeks from today in terms of this order, the order striking out the defence will be set aside the defence will be restored and the suit will be heard on merits. In that event, the learned Judge will proceed to dispose of the suit as expeditiously as possible, preferably within a period of four months after the re-opening of the Court. If the said amount is not paid to Shri Rathin Das in terms of this order, this appeal will stand dismissed with costs and in that even the order for stay granted will stand vacated and the learned trial judge will proceed to hear the suit on the basis that the defence is struck off. Shri Rathin Das states that on receipt of the amount he will himself send the money to the respondents. 3. The appeal will stand disposed of in terms of this order.