Final Order 1

Order Details: Chamber summons
Pdf Text: Date
02.03.2024
12
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
Suit No.
2255/2016
CS
1116/2019
NM
3753/2016
NM
1436/2022
NM
4632/2019
CS
2185/2018
CS
691/2017
CS
1694/2023
Adv. S.R. Page a/w. Adv. Jyoti Kanojia i/b. Adv. Mayur S. Sonawane
present for plaintiff
Adv.Trivedi present for defendant No.3/SRA.
Order on Notice of Motion No.1436 of 2022
Perused notice of motion, affidavit in support thereof, affidavit in
reply, affidavit in rejoinder and additional affidavit. Heard both
sides.
The plaintiff prays for direction to defendant no.6 developer to
furnish site plan of newly constructed building in which a new shop
to be allotted to plaintiff is situated and direction to defendant no.6
to pay arrears of rent from 01.02.2021 to 31.03.2022.
I have heard both sides. My attention was drawn to para nos.5
and 6 of affidavit in reply of defendant no.6. The defendant No.6
did not deny his liability to pay rent. Infact he conceded that he is in
arrears as alleged by plaintiff and expressed his willingness to pay
the arrears in installments as submitted by him. If this is so there is
no hurdle in directing defendant no.6 to pay arrears to plaintiff. This
notice of motion was filed on 18.04.2022. At that time defendant
asked for installments but now we are in 2024. The defendant no.6
must have overcome the financial crunch after Covid pandemic.
Thus I don’t think it is necessary to grant facility of installments to
defendant no.6.
Another prayer regarding supplying site plan of newly
constructed building in which a new shop premises is to be allotted
to the plaintiff. Having regards the facts and circumstances of the
case and understanding between the parties. Defendant No.6 should
provide the site plan to plaintiff. With this I pass following order;
ORDER
1. Notice of Motion No.1436 of 2022 is allowed.
2. Defendant No.6 is directed to pay the arrears to plaintiff as
prayed for by plaintiff within four weeks.
3. Defendant No.6 is directed to supply a copy of site plan to
plaintiff within four weeks.
4. Notice of Motion No.1436 of 2022 stands disposed off.
Chamber Summons No.1116/2019 is not pressed by advocate for
plaintiff. It stands disposed off as rejected.
Matter adjourned for Ch/s. Reply/ Hearing on NM and Ch/s. to
08.05.2024.
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Judge
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