Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM1839/19
MHCC010051822019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 1839 OF 2019
IN
S.C. SUIT NO. 2999 OF 2018
Writer Relocations, Division of Writer
Business Services Private Limited … Applicant
In the matter between
Writer Relocations, Division of Writer
Business Services Private Limited … Plaintiff
V/s.
Mr. Bharat Sahgal … Defendant
Appearance
Learned Adv. Uma Kshirsagar for the plaintiff.
Learned Adv. Sheetal Shah for the defendant
CORAM : HHJ P. G. Bhosale
(C.R.NO. 62)
Date : 10th June, 2025
O R D E R
This is a suit for recovery of an amount of
Rs.28,77,163/- alongwith interest against the defendant.
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2. The plaintiff has filed notice of motion with prayer to
direct the defendant to pay the arrears towards the rent of the
warehouse/godown from the date of invoice given to him. He also
prayed to allow it to auction the goods of the plaintiff stored in its
warehouse and adjust its proceeds towards the amount due. It has
also prayed to direct the defendant to furnish bank guarantee
towards the outstanding dues and remove the shipment/goods from
its storage facility.
3. The defendant has filed his written arguments below
Exh.11 he has opposed the notice of motion by stating that this notice
of motion is bad for nonjoinder and misjoinder of necessary parties.
He states that the goods of one late Malati Shrivastav were stored in
the warehouse of the plaintiff. He has stated that the plaintiff has not
made all the legal heirs of late Malati Shrivastav as necessary parties
to his notice of motion. He states that the cause of action lies against
the executors of the estate of the deceased and the estate of the
deceased. He states that he has asked the plaintiff to sell the goods
and recover the arrears of rent from its proceeds. He states that the
suit is also barred by law of limitation. The defendant has also argued
that there is no written contract about payment of interest on delayed
payment therefore he is not liable to pay any interest on the due
amount. Lastly he has prayed to dismiss the notice of motion.
4. Heard both sides. Read the written arguments.
Admittedly the defendant has stored/kept his goods in the warehouse
of the plaintiff. The defendant has paid the rent of the warehouse for
three years thereafter he has stopped paying the rent. The defendant
has expressed his inability to pay the arrears of the rent to the
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plaintiff due to his financial constraints. I am of the view that the
plaintiff is not concerned with the dispute after the death of the late
Malati Shrivastav and her legal heirs. The plaintiff is concerned with
his rent and his business and recovery of its rent. The defendant can
not avoid to pay the rent and its arrears to the plaintiff on the ground
of legal proceedings pending in any court. If the defendant is using
the premises, occupying the premises of the plaintiff, he is bound to
pay the rent of the warehouse. He cannot avoid to pay the rent,
because of some legal proceedings of the deceased lady pending in
the Hon’ble High Court. So the plaintiff has made out a good case to
recover the rent amount and its arrears from the defendant. If the
defendant fails to pay the amount within a period of one month from
the date of the order, the plaintiff would be entitled to auction the
goods stored in its warehouse and recover the amount due towards
it. Accordingly I allow the notice of motion and pass the following
order :
Order
1. The Notice of Motion No. 1839 of 2019 is allowed in term
clause of prayer (a) and made absolute.
2. The defendant is hereby directed to pay the arrears of the
rent of the warehouse of an amount of Rs.28,77,163/- within a
period of one month from the date of this order.
3. If the defendant fails to pay the arrears of the rent within a
period of one month, the plaintiff will be at liberty to auction
the goods stored in its warehouse and adjust its proceed
towards the amount due.
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4. The defendant is hereby directed to furnish bank guarantee
towards the outstanding dues and remove the goods from the
warehouse of the plaintiff if within one month from the date of
this order.
Date : 10.06.2025 (P. G. Bhosale)
Judge,
City Civil Court,
Mumbai
Directed dictated on computer : 10.06.2025
checked on : 11.06.2025
Signed on : 11.06.2025
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.06. 2025 at 11.00 a.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI P. G. Bhosale (C.R.No.62)
Date of pronouncement of Order 10.06.2025
Order signed by P.O. on 11.06.2025
Order uploaded on 13.06.2025
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