Interim Order 1

Order Details: Order on Exhibit
Pdf Text: Order dtd. 04.03.2026 :: 1 :: Exh.9 R.A.E. Suit No.30 of 2025
CNR No. MHSCA- 30000952025
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
ORDER BELOW EXHIBIT -9
IN
R.A.E. SUIT NO.30 OF 2025
Mr. Haresh Hansraj Vira …. Plaintiff.
V/s.
Mrs. Harshida Morarji Madhavji …. Defendant
Advocate for the plaintiff : Mr. Gulabsingh Yadav
Advocate for defendant : Mr. Manoj Yadav
Coram : Mr. P. P. Naigaonkar,
Judge, C.R. No. 38 (B.B.)
Date : 04th March, 2026
Oral Order :
1. Read application, reply filed thereon. Heard.
2. This application is filed by defendant praying that, without
prejudice to the rights and contentions of the parties, he may be
allowed to deposit the arrears of rent from January, 2010 till July,
2025 along-with 15 % interest per annum accrued thereon and cost
of the suit and also prayed to permit him to continue to deposit the
monthly rent of the suit premises till final disposal of the suit.
3. It is stated by the defendant that, the suit filed by the plaintiff
for eviction of the defendant from the suit premises on the ground of
alleged arrears of rent and other grounds as mentioned in the plaint.
It is also stated by the defendant that, he is always ready and willing
to pay the rent and several attempts have been made till date to pay
the arrears of rent. He has also prayed to condone the delay in
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Order dtd. 04.03.2026 :: 2 :: Exh.9 R.A.E. Suit No.30 of 2025
taking out the present application. It is stated that, due to his old
age, various ailments and corona pandemic, he has not paid the rent.
The plaintiff has never demanded the rent hence, there is no fault on
the part of defendant. Thus, prayed to allow the application.
4. The plaintiff has filed reply at Exhibit-14 and denied that,
defendant is ready and willing to pay the rent. It is also denied that,
the rent has been tendered to the plaintiff. Thus, prayed to dismiss
the application with costs.
5. Heard. Perused record. On perusal of record, it seems that,
the plaintiff has stated in the Plaint that, the defendant is defaulter in
payment of rent, taxes and permitted increases including common
electricity and water charges. It is also stated that, the last rate of
rent paid in respect of the suit premises was Rs. 60/- per month
excluding taxes and permitted increases and the present rent in
respect of the suit premises is Rs.181-65 Ps. Per month for the
accounting years 2023-2024 excluding municipal taxes and common
electricity and water charges. It is also stated in Para No. 6(a) of the
Plaint that, the defendant is in arrears of rent from April, 1998 to
November, 2024 amounting to Rs.37,230- 54 Ps. excluding the
municipal taxes and common electricity and water charges. It is
denied by the plaintiff that, the defendant is ready and willing to pay
the arrears of rent. It is stated by defendant in Para No. 12 of the
written statement that, he has paid rent in respect of the suit
premises till December, 2009. The defendant prayed for depositing
the arrears of rent @ Rs. 20/- per month from January, 2010 till July,
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Order dtd. 04.03.2026 :: 3 :: Exh.9 R.A.E. Suit No.30 of 2025
2025 along-with 15 % interest per annum accrued thereon and cost
of the suit and also prayed to deposit future rent. No harm and
prejudice to be caused to the plaintiff, if pending the hearing and
final disposal of the suit, the defendant is allowed to deposit the rent
in the Court, as prayed. Needless to mention that, the order of
deposit of rent is always to be passed without prejudice to the rights
and contentions of the parties. Therefore, the application deserves to
be allowed in the interest of justice. Hence, the following order :-
O R D E R
1. Application (Exhibit-9) is allowed without prejudice to the
rights and contentions of the parties.
2. Defendant is permitted to deposit the arrears of rent in Court
in respect of the suit premises @ Rs.20/- per month from January,
2010 till July, 2025 along-with 15 % interest per annum accrued
thereon and cost of the suit within one month from the date of this
Order.
3. Defendant is also permitted to deposit the arrears of rent in
Court in respect of the suit premises for the period from August, 2025
to March, 2026 @ 20/- per month within one month from the date
of this Order.
4. Defendant is also permitted to continue to deposit the future
rent in Court in respect of suit premises from April, 2026 @ Rs.20/-
per month, as prayed, on or before 10th day of each succeeding
month till the final hearing and disposal of the suit.
(Order dictated and pronounced in open Court)
(P. P. Naigaonkar)
Judge, C.R. No. 38 (B.B.)
Date : 04.03.2026 Small Causes Court, Mumbai
/home/steno38/Desktop/MARCH 2026/04.03.26 EXH.9 RAE 30-2025 DEPOSIT FIRST TIME.odt snj
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