Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180014352023
Summary Cases/5800145/2023
Mitul Enterprises Pvt Ltd Through Its Authorized
Signatory Mr Chandrashekhar Rawal Vs. Sameer
Suresh Mudholkar Proprietor Of Saas Event
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.12
1. This is an application for an interim compensation u/sec.143-A of
the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that complainant is
owner of property situated at Xion Mall, Pune, in short the lease
property. The property of the complainant was given to the accused on
Leave and Licence basis for the period commencing from 1st April 2019
to 31st March, 2020 under the Registered Leave and Licence
Agreement. The accused was to pay Rs.5,75,000/- per month against
the licence fee. The accused committed default in regular payment of
compensation/licence fee. Total Rs.42,98,750/- are outstanding till
December 2020, towards the accused. The accused has given subject
cheque against repayment of said outstanding amount which was
dishonoured and returned unpaid for the reason ‘Funds Insufficient’.
Hence, this application.
3. The accused failed to file reply despite availing sufficient
opportunity. As such no say order came to be passed in the month of
August, 2024.
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Order below Exh.12
4. Heard Advocate Smt. Rupali Gond for the complainant and
advocate Smt. Maria Alphanso for the accused.
5. The accused has not disputed the liability to pay the alleged
outstanding amount of licence fee. Complainant has produced the
certified copy of Registered Leave and Licence Agreement on record to
establish the transaction out of which the legal liability towards the
accused arises. The accused has not disputed subject cheque Exh.15
towards repayment of outstanding licence fees. The complainant has
complied statutory demand notice under section 138(b) of the Act for
lodging present complaint. There is sufficient prima facie evidence on
record to hold that subject cheque was issued in discharge of legal
liability towards the accused. The trial will take its own time to finalize
the dispute. Therefore, this is the fit case wherein I deem fit to invoke
the powers conferred upon this court under section 143-A of the
Negotiable Instrument Act and granted interim compensation to the
owner of the lease property. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused is directed to make payment of 20%
of cheque amount within 30 days to the
complainant as an interim compensation.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 21.10.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.12
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate (First Class), 58th Court,
Bandra, Mumbai.
Dictated in open court on : 21.10.2024
Transcribed and Typed on : 21.10.2024
Order printed and Signed on : 21.10.2024
Order Uploaded on : 21.10.2024
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