Order 6

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000467-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.15
IN
R.A.E.&.R. SUIT NO.372 OF 2023
Mr. Velji Ranmal Shah … Plaintiff
Versus
Shri. Rajesh Raghavji Shah … Defendant
Shri. O. R. Tiwari, Ld. Advocate for the plaintiff.
Shri. L. R. Upadhyay, Ld. Advocate for the defendant.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No.34.
Date : 10.02.2026.
ORAL ORDER:
1. This is an application filed by the defendant for granting
permission to him to deposit in the Court the arrears of rent with
permitted increases at the rate of 4% per annum and demand made
by the plaintiff in paragraph No.2 of the plaint and in prayer clause
No.27(b)(e) of the plaint along-with simple interest at the rate of
15% per annum and cost of the suit as well as continue to deposit the
monthly rent till disposal of the suit.
2. Perused the application and reply Exhibit No.22 filed by
the plaintiff. Heard both the sides.
3. From the perusal of record, it reveals that the present
suit is filed for eviction and arrears of rent on the grounds more
particularly mentioned in the plaint. This application is filed by the
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defendant for granting permission to him to deposit the arrears of
rent at the rate of Rs.300/- per month along-with interest at the rate
of 15% per annum in respect of the suit premises.
4. It is to be noted that the defendant is ready and willing
to deposit the arrears of rent amounting to Rs.10,000/- from
01.05.2020 to 30.04.2023 along-with interest at the rate of 15% per
annum and also ready to continue to deposit the rent till disposal of
the suit. Admittedly, this is not the application for fixation of
standard rent. It is settled principle of law that premises can not be
enjoyed without paying rent amount to the owner/landlord.
Therefore, without prejudice to the rights of the plaintiff, if
permission to deposit arrears of rent is granted to the defendant, it
will not cause any prejudice to the rights of plaintiff. Therefore,
without prejudice to the rights and contentions of both the parties,
the defendant can be permitted to deposit the arrears of rent as
prayed. Thus, the application deserves to be allowed. Hence, I
proceed to pass the following order:-
: O R D E R :
1. Application Exhibit No.15 is allowed.
2. The defendant is permitted to deposit
in the Court the amount of arrears of
rent of Rs.10,000/- from 01.05.2020 to
30.04.2023 along-with interest at the
rate of 15% per annum in respect of
the suit premises and costs of the suit
within one month from the date of this
order.
3. The defendant is further permitted to
deposit in the Court the further arrears
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of rent at the rate of Rs.300/- per
month with permitted increases at the
rate of 4% per annum along-with
interest at the rate of 15% per annum
in respect of the suit premises from
May 2023 to March 2026 within one
month from the date of this order.
4. The defendant is also permitted to
continue to deposit in the Court the
future rent at the rate of Rs.300/- per
month with permitted increases at the
rate of 4% per annum in respect of the
suit premises from April 2026 onwards
till disposal of this suit on or before
10th day of every month.
5. The plaintiff is at liberty to withdraw
the amount as and when deposited by
the defendant in the Court.
6. This order is passed without prejudice
to the rights and contentions of both
the parties.
Place : Mumbai ( J. D. Hushangabade )
Date : 10.02.2026. Judge, C.R. No.34 (BB).
Order dictated & Typed on : 10.02.2026.
Order checked & signed on : 12.02.2026.
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