Order 8

Order Details: Order on Exhibit
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MHSCA30005412025
IN THE SMALL CAUSES COURT AT MUMBAI
( BANDRA BRANCH )
ORDER BELOW EXHIBIT NO. 18
IN
R. A. E. SUIT NO. 220 OF 2025
Krovsheba Holdings Pvt. Ltd. …Plaintiff
V/S
1. Mrs. Rebuka Nagpal & Anr. …Defendants
Mr. Jaydeep J. Thakkar, Advocate for Plaintiff.
Mr. Mayank A. Chandan, Advocate for Defendants.
Coram : N. R. Gajbhiye, Judge
Court Room No.33
Date : 15th July, 2026
ORDER
1. Defendant No.1 has filed an application for grant of
permission to deposit the rent, permitted increases inclusive of all
taxes from 01.04.2000 to 31.03.2026 after adjusting the amounts
paid to the plaintiffs with interest thereon @ 15% p.a. and costs of
this suit amount to Rs.95,429/- as per the statement of calculations
annexed. Furthermore, permitted to deposit the rent in Court @
Rs.1,194/- p.m. from 01.04.2026 by 10th day of each month.
2. It is contended by defendant No.1 that plaintiff has
alleged that rent amount Rs.1,16,885/- was outstanding.
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Accordingly, letter dated 16.05.2025 has been issued wherein, the
said amount has been claimed. The amount claimed Rs.1,16,885/-
mentioned and the previous letter dated 27.03.2025, inadvertently
mentioned the rent of Rs.1,02,911/-. The defendant through his
advocate letter dated 23.06.2025, the statement annexed to the
plaint as Exhibit ‘T’. Therefore, the amount calculated by defendant’s
advocate find an error of amount calculated by the plaintiff.
Therefore, the plaintiff has not only encashed defendant cheque for
Rs.1,16,885/- but also not pointed any error in the statement of
calculation sent by the defendants.
3. Per contra, the plaintiff filed his reply alongwith affidavit
of reply (Exh.24). According to the plaintiff, without prejudice to the
rights and contentions of the plaintiff. The defendants have any
bonafide intention ready and willing to pay the rent alongwith
interest and all other charges. The statement and calculation made
by the defendants as per their own. The plaintiff has accepted the
amount tendered by the defendants without prejudice rights and
contentions of the plaintiff. If the defendants wanted to pay the rent
and permitted increases alongwith interest and cost of the suit, then
they can very well tender the same directly to the plaintiff. There is
no question to deposit the same in the Court. No hardship will be
caused if the defendants directly pay the rent and permitted
increases. On the contrary that amount has been deposited in the
Court, it will not cause greater hardship. The plaintiff has not
brought Section 15(3) of the Maharashtra Rent Control Act, 1999.
4. In his additional reply to the affidavit and contended
that the defendants is liable to pay the rent and permitted increases
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to the plaintiff. Therefore, there is no question for depositing the rent
in the Court.
5. Perused the application and say filed. Heard learned
advocates for both the sides.
6. The R.A.E. Suit No.189 of 2025, this Court has granted
permission to the defendants to pay the rent, arrears, municipal
taxes, permitted increases, outgoings in respect of the suit premises
directly to the plaintiff. The order is passed without prejudice to the
rights and contentions of both parties.
7. The defendant is ready to pay the rent and permitted
increases inclusive from 01.04.2000 till 31.03.2026 after adjusting
the amounts already paid to the plaintiff and the total amount of
Rs.95,429/- as per the statement calculated. But his main contention
that he intends to deposit the rent in the Court. As I discussed in
supra, earlier R.A.E, Suit No.189 of 2025, the Court has permitted
the defendant to pay the rent directly to the plaintiff and accordingly,
plaintiff will issue the receipt. In such situation, no hardship will be
caused to the defendants if the rent and the permitted increases
directly pay to the plaintiff. Accordingly, the plaintiff will issue the
receipts. Therefore, I am of the view that instead of depositing the
amount of the rent and permitted increases, defendant No.1 shall pay
the rent to the plaintiff on or before 10th day of each month. Hence, I
proceed to pass the following order :
ORDER
1. The application is allowed.
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2. The defendants are permitted to pay the rent
and permitted increases inclusive of taxes from
01.04.2000 till 31.03.2026, after adjusting the
amount paid to the plaintiff and the amount paid
by the defendant be adjusted.
3. Thereafter, subsequently till the decision of the
suit, the defendants are permitted to pay the
rent @ Rs.1,194/- per month from 01.04.2026
on 10th day of each month.
4. The plaintiff will issue the receipt of rent paid by
the defendants.
( Dictated and pronounced in open Court. )
Sd/-
( N. R. Gajbhiye )
Date : 15.07.2026 Judge, C. R. No.33
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