Order 5

Order Details: Order on Exhibit
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CNR NO.MHSCA-30002302021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.26
IN
L.E. & C. SUIT NO. 49 OF 2021
S.A. Developers . . Plaintiffs.
Versus
1. M/s. K.H.K. Hospitality Services
and ors. . . Defendants.
Advocate for Plaintiffs : Adv. K. R. Parekh Co.
Advocate for Defendants : Adv. M.A. Sothe
Coram : S.V.Deshmukh, Judge
C.R.No.32
Date : 14/10/2022.
ORAL ORDER :
1. This is an application filed by the plaintiff for permission
to withdraw amount of Rupees Twenty Lakhs deposited by the
defendant towards interim compensation.
2. Defendant has filed say below and contended that they
have no objection subject to final outcome of the suit. Ld. Advocate
for defendant submit that they have moved application before the
Hon'ble High Court for stay order.
3. The object of provision of interim compensation is to
provide relief to the landlord during pendency of litigation.
Admittedly as on today, there is no stay granted by the Higher Courts
to the order of interim compensation. No such order is brought to
the notice of this Court. Equities can always be adjusted at the time
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of final adjudication. I find no reason why application may not be
allowed. Hence, the following order.
ORDER
1. Application is allowed.
2. Plaintiff is granted permission to withdraw
amount of Rupees Twenty Lakhs only as
prayed.
Bandra Mumbai. ( S.V.Deshmukh )
Date : 14/10/2022. Judge, C. R. No.32.
Order dictated & typed on : 14/10/2022.
Order checked & signed on : 18/10/2022.
.
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