Order 7

Order Details: Order on Exhibit
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CNR No. MHSCA-3000394-2022
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 30
In
R.A.E. Suit No. 160 of 2022
1. Mr. Reynold John Cabral & Anr. ….... Plaintiffs
V/s.
Mr. Trilok Singh Mehta …... Defendant.
Advocate for the plaintiffs : Mr. Sanjay Dubey
Advocate for the defendant : Ms. Kirti M. Samdade
Coram : P. K. Kharate,
Judge, C.R. No. 38 (B.B.)
Date : 22.01.2025
Oral Order :
The defendant has filed present application stating that due to
health issue, he has failed to deposit the rent in the month of August
2023 on or before 10/08/2023. He had made online payment of rent
and deposited the rent of Rs. 2,000/- on 14/08/2023. As there was 4
days delay in depositing the rent, he had filed application Exh. 29 to
condone the delay of 4 days and permission to deposit rent from
August, 2023 which was allowed on 27/02/2024. But there was
mistake in the application and in the order, as there was delay from
July, 2023 and not from August, 2023. Thus, prayed to amend the
order dated 27/02/2024 below Exh. 29, to accept the rent deposited by
the defendant on 14/08/2024 and he be permitted to deposit the rent
from May, 2024 by condoning the delay.
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2. The say filed by the plaintiffs vide Exh. 31 stating that the
defendant is irregular in depositing the rent in respect of the suit
premises as per order of the Court. No satisfactory explanation is given
for the delay in filing present application. The defendant is deliberately
delaying in depositing the arrears of rent in time and prayed to dismiss
the application with costs.
3. Heard both sides at length.
4. On perusal of record it appears that, my Predecessor has
passed order below Exh. 15 dated 19/08/2022 and permitted
defendant to deposit the rent and future rent in the court on or before
10th day of each succeeding month till final disposal of the present suit.
But, in the month of August, 2023, due to health issue, he had
deposited the rent through online payment of Rs.2000/- on
14/08/2023. Thereafter, he filed an application Exh. 29 for
condonation of delay which was allowed on 27/02/2024. Later on, the
defendant came to know that by mistake in application Exh. 29, he had
mentioned to condone the delay from August, 2023 though there was
delay from July, 2023. The reason mentioned in the application appears
to be true one. Hence, in the interest of justice, it is necessary to allow
the application of the defendant for deposit of rent without prejudice to
the rights of the other side. Hence, I pass the following order :
:: O R D E R ::
1) Application Exh. 30 is hereby allowed.
2) Without prejudice to the rights and contentions
of both parties, defendant is allowed to deposit
the rent for the period from July, 2023 till
January, 2025 till next date.
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3) The office should consider the online payment
paid the defendant of Rs. 2000/- at the time of
calculation and do the needful.
4) Without prejudice to the rights and contentions
of both parties, the defendant shall further
continue to deposit the monthly rent as per order
passed below Exh. 15 dated 19/08/2022.
5) Both parties to take note.
(Dictated and pronounced in the open court.)
(P. K. Kharate)
Date : 22.01.2025 Judge, C.R. No. 38 (B.B.)
Dictated & Typed on : 22/01/25
Checked & Signed on : 22/01/25
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