Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 11
IN
R. A. E. & R. SUIT NO. 149 OF 2022
CNR NO. MHSCA30000912022
Mr. Uday Vasant Pendharkar ...Plaintiff
V/S
1. Mrs. Vijaya Prakash Surpur & Anr. ...Defendants
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Mrs. Heena D. Abhyankar, Advocate for Plaintiff.
Mr. Subhash S. Abhyankar, Advocate for Defendants.
********
Coram : R. R. Khan
Judge
Court Room No.33
Date : 06th October 2022
ORDER
. This is an application filed by defendant No.2 for depositing of
rent arrears at the rate of Rs.951.63 per month from 01.05.2020 till
31.07.2022 amounting to Rs. 24,742.38 and further rent in court.
2. The plaintiff has strongly opposed this application by filing say at
Exh.14. It is contended that despite of issuance of legal notice, the
defendants have not complied it. The defendant is not intending to pay
the actual rent along with permitted increases, property tax and repair
cess and just offering for meager amount which is not acceptable. It is
pointed out that defendants have not paid the rent from last two years
which disentitle her from any relief. The plaintiff has requested for
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rejection of this application by annexing copy of demand notice, postal
receipts and details of arrears of rent.
3. Heard both sides. Perused case record.
4. Significantly, there is conflict of arithmetic calculation of rent
between parties. At one hand, defendant No.2 is claiming Rs.24,742.38
as arrears of rent whereas, plaintiff is claiming Rs.1,35,791.28 as
arrears of rent for the period from 01.05.2020 to 31.01.2022.
Noticeably, the plaintiff has issued legal notice for demand of rent
which was not complied by defendants. The application itself speaks up
that defendants have not paid the arrears of rent since last two years.
This failure of defendant takes contention of plaintiff at higher pedestal.
In such situation, grant of this application will be caused serious
prejudice to the right and interest of the plaintiff. Per contra,
defendants are already not paying the rent since last two years which
will not cause any prejudice to the defendants, if application is rejected.
Thus, keeping in view, the arithmetical conflict and strong oppose from
the plaintiff, I am satisfied to turn down this application by following
order.
ORDER
Application at Exh.11 is rejected.
( Dictated and pronounced in open Court. )
( R. R. Khan )
Date : 06.10.2022 Judge, C. R. No.33
Order dictated online : 06.10.2022
Order checked & signed on : 06.10.2022
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