Interim Order 1

Order Details: Order on Exhibit
Pdf Text: ..1.. Exh16 in RAE&R Suit No.53 of 2021
CNR No.MHSCA30000712021
IN THE COURT OF SMALL CAUSES AT MUMBAI
BANDRA BRANCH
ORDER BEL OW APPLICATION ( EXHIBIT NO.16)
IN
R.A.E.&.R. SUIT NO.53 OF 2021
Mr. Ranjit Singh Chandhok ...Plaintiffs
Vs.
Mr. Bhagwandas Santani ...Defendant
Advocate for the plaintiff : Adv. Joseph Fernandes.
Advocate for the defendant : Adv. S. S. Mahadik holding for
Adv. M. A. Chandan.
Coram: G. J. Shrisunder, Judge.
C.R.No.32.
Date: 28.09.2021.
ORDER BELOW APPLICATION( EXHIBIT NO.16):
1. The defendant has filed the present application for
depositing the arrears of rent in the Court amounting to Rs.46,800/
as demanded by the plaintiff from 01.04.2017 till 01.12.2020 with
interest thereon at the rate of 15% p.a. and cost of the suit and for
depositing the same from 01.12.2020 at the rate of Rs.645/ per
month till final disposal of the suit, without prejudice to the rights
and contentions of the parties. The defendant has further prayed
that the excessive amount received by the plaintiff towards alleged
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arrears of rent be adjusted towards future rent.
2. The defendant submits that the writ of summons was
served on him on 11.02.2021. He has always been ready and willing
to pay the rent and permitted increases from time to time. By
terminationcumdemand notice dated 16.12.2020 the plaintiff called
upon him to pay the alleged arrears of rent at the rate of Rs.645/
including taxes from 01.04.2017 till 01.12.2020 aggregating to
Rs.46,800/ without any clarification. ( It seems that the plaintiff has
inadvertently calculated the amount and the same was exhorbitant
because as per rent of Rs.645/ per month in respect of the suit
premises for 43 months, the amount comes to Rs.27,735/ and not
Rs.46,800/ for the aforesaid period). The defendant had issued two
cheques being Cheque No.000253 for rent and Cheque No.000252
for interest drawn on UCO Bank, Kalbadevi Branch, Mumbai and
have complied with the said demand notice. However, the plaintiff
has returned back those cheques through his Advocate's letter dated
31.12.2020. To show the willingness and readiness, the defendant
had once again had sent two cheques towards the rent and interest in
the name of Mr. Gurmeet Singh Chandhok, who is one of the co
owners. However, the plaintiff has returned the said cheques. The
defendant is ready and willing to deposit the rent as alleged in this
Court as prayed for. Hence, this application.
3. The plaintiff has given handwritten say to the
application vide Exhibit No.16 and contended that the application
may be allowed subject to costs to the plaintiff with direction to
deposit the rent every month before this Court. The formal objection
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has also been taken by the plaintiff.
4. Heard both the sides.
5. Considering the application filed by the defendant,
handwritten say given by the plaintiff, the Court has gone through
the record and proceeding of the matter and hearing both the sides, it
is clear that it is the settled principle of law that an opportunity of
hearing should be given to each and every party to the lis. The
plaintiff has filed this suit for recovery of possession of the suit
premises on the ground of arrears of rent and carrying out additions
and alterations by the defendant in the suit premises etc. more
particularly mentioned in the plaint. Having regard to the facts and
circumstances of the case, I am of the view that the defendant can be
permitted to deposit the arrears of rent alongwith interest and costs
of the suit without prejudice to the rights and contentions of both
parties. If, this application is allowed then no prejudice will be
caused to the plaintiff. On the contrary, it will help the Court to
adjudicate the suit on merit. It seems that the plaintiff has
inadvertently calculated the amount and the same was exhorbitant
because as per rent of Rs.645/ per month in respect of the suit
premises for 43 months, the amount comes to Rs.27,735/ and not
Rs.46,800/ for the aforesaid period. In the result, this Court pass
the following order:
: ORDER :
1. Application vide Exhibit No.16 is allowed
without prejudice to the rights and
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contentions of both the parties.
2. The defendant is permitted to deposit in the
Court amount of arrears of rent in respect of
the suit premises amounting to Rs.27,735/ as
demanded by the plaintiff from 01.04.2017 till
01.12.2020 with interest thereon at the rate of
15% p.a. and cost of the suit on or before next
date.
3. The defendant is also permitted to deposit in
the Court further arrears of rent in respect of
the suit premises from 01.12.2020 till
September 2021 at the rate of Rs.645/ per
month on or before next date.
4. The defendant is further permitted to deposit
in the Court future rent in respect of the suit
premises at the rate of Rs.645/ per month
from October 2021 onwards on or before 10th
day of each succeeding month till final
disposal of the suit.
5. Both the parties to note the order.
6. Costs in cause.
Bandra Mumbai. ( G. J. Shrisunder )
Date : 28.09.2021 Judge, C. R. No.32
Order dictated on: 28.09.2021
Order typed on: 28.09.2021
Order checked & signed on: 28.09.2021
/home/steno32/Documents/September2021/Exh16 in RR S.No.5321 deposit of rent.odt
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