Order 7

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.23
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 : 16.03.2026.
ORAL ORDER:
1. This is an application filed by the defendant for granting
time to deposit in the Court the arrears of rent together with interest
and costs as per order dated 10.02.2026 passed below application
Exhibit No.15 by condoning the delay.
2. It is specifically averred in the application that this Court
was pleased to pass an order permitting him to deposit the arrears of
rent together with interest thereon and costs within the stipulated
period. However, due to unavoidable circumstances and practical
difficulties, including the time required for arranging the necessary
funds for depositing the arrears of rent together with interest and
costs as directed by the Court, the defendant could not deposit the
said amount within stipulated period. There is a short delay of 6
days in depositing the said amount. The delay is neither intentional
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nor deliberate, but has occurred due to bonafide reasons and
circumstances beyond his control. Hence, this application.
3. On the other hand, Ld. Advocate on behalf of the
plaintiff has strongly objected present application by giving
handwritten say on overleaf of the application and submitted that the
application be allowed subject to costs.
4. Perused application and say thereon. Heard Ld.
Advocates for both sides.
5. On perusal of record, it appears that this Court vide order
dated 10.02.2026 passed below application Exhibit No.15 has
permitted the defendant to deposit arrears of rent along-with interest
at the rate of 15% per annum and costs in the Court from 01.05.2020
and continue to deposit the same till disposal of this suit. However,
the defendant has failed to deposit the arrears of rent in the Court as
prayed. Hence, taking into account the reasons stated by the
defendant, it is just and proper to permit the defendant to deposit the
arrears of rent along-with interest at the rate of 15% per annum and
costs, without prejudice to the rights and contentions of both the
parties. No prejudice would be caused to the plaintiff, if this
application is allowed. Therefore, the application deserves to be
allowed. Hence, I proceed to pass the following order:-
: O R D E R :
1. Application Exhibit No.23 is allowed.
2. The defendant is permitted to deposit
in the Court the arrears of rent along-
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with interest thereon and costs as per
order passed below application Exhibit
No.15 dated 10.02.2026 within 15
days from the date from the date of
this order.
3. The delay in depositing the arrears of
rent along-with interest thereon and
costs in the Court as per order passed
below application Exhibit No.15 dated
10.02.2026, is hereby condoned.
4. The defendant is directed to continue
to deposit in the Court the future rent
from April 2026 onwards as per order
dated 10.02.2026 passed below
application Exhibit No.15.
5. This order is passed without prejudice
to the rights and contentions of both
the parties.
6. Both parties to take note of this order.
7. No order as to costs.
Place : Mumbai ( J. D. Hushangabade )
Date : 16.03.2026. Judge, C.R. No.34 (BB).
Order dictated & Typed on : 16.03.2026.
Order checked & signed on : 17.03.2026.
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