Interim Order 2

Order Details: Order on Exhibit
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CNR NO.MHSCA-30000942025
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.17
IN
R.A.E. SUIT NO. 27 OF 2025
Mr. Haresh Hansraj Vira . . Plaintiff.
Versus
1. Mrs. Pushpa Ramesh Desai and anr. . . Defendants.
Coram : Pankaj P. Naigaonkar, Judge
C.R.No.38
Date : 3/2/2026.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendant No.1
for permission to deposit the arrears of rent. By filing present
application it is contended that the plaintiff has filed this suit against
the defendants on false, frivolous and vexatious grounds. It is
contended by the defendant No.1 that he tried to tender the rent
from time to time to the plaintiff but the plaintiff refused to accept
the rent as and when tendered. He even tried to tender the rent by
money order however the same was also not accepted. Therefore he
prayed that he may be permitted to deposit the rent amounting to
Rs.6352/- per month i.e. at the rate of Rs.200/- from 1/4/2023 to
31/3/2024 and from 1/4/2024 to 31/3/2025 at the rate of Rs.208/-
per month and from 1/4/2025 to 31/10/2025 at the rate of Rs.208/-
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per month as well as from 1/11/2025 till disposal of the suit at the
rate of Rs.208/- per month, each succeeding months on or before
10th of every month and also prayed that he may be permitted to
deposit interest at the rate of 15% per annum on arrears of rent and
costs of the suit. He also prayed that the plaintiff may be allowed to
withdraw the amount of rent as and when deposited in the Court.
4. On the other hand, plaintiff by filing say resisted the
application and contended that no cause made out for grant of reliefs
prayed in application. The application is not maintainable and
suffers from inordinate delay and latches. The suit is barred by law
of limitation. Therefore submitted that application may be dismissed
with costs.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings, by way of this application the defendant seeking
permission to deposit the rent amounting to Rs.6352/- per month i.e.
at the rate of Rs.200/- from 1/4/2023 to 31/3/2024 and from
1/4/2024 to 31/3/2025 at the rate of Rs.208/- per month and from
1/4/2025 to 31/10/2025 at the rate of Rs.208/- per month as well
as from 1/11/2025 till disposal of the suit at the rate of Rs.208/- per
month. The defendant is ready and willing to pay the arrears of rent
alongwith interest and costs of the suit. Considering the rival
contentions of both the parties, if the defendant is permitted to
deposit the arrears of rent into the Court without prejudice to the
rights and contentions of the plaintiff, no harm or prejudice will be
caused to the plaintiff. Hence, I proceed to pass following order.
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ORDER
1. Application is allowed.
2. Without prejudice to the rights and
contentions of the plaintiff, the defendant is
permitted to deposit the arrears of rent
amounting to Rs.6352/- per month i.e. at the
rate of Rs.200/- from 1/4/2023 to 31/3/2024
and from 1/4/2024 to 31/3/2025 at the rate
of Rs.208/- per month and from 1/4/2025 to
31/10/2025 at the rate of Rs.208/- per month
as well as from 1/11/2025 onwards at the
rate of Rs.208/- per month alongwith interest
@15% per annum on arrears of rent.
3. Without prejudice to the rights and
contentions of the plaintiff, the defendant is
further allowed to deposit future rent on or
before 10th day of every succeeding month, till
final disposal of the suit.
4. No order as to cost.
Bandra - Mumbai. ( Pankaj P. Naigaonkar )
Date : 3/2/2026. Judge, C.R.No.38.
.
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