Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 14
IN
R.A.E. SUIT NO. 275 of 2021
(CNR No. :- MHSCA3-000566-2021)
1. Shri Rakesh Champalal Kothari and Ors. ... Plaintiffs
Versus
1. Shri Kishore Narrottamdas Gandhi and Anr. ... Defendants
Mr. L. V. Jain, Ld. Advocate for the Plaintiffs.
K. R. Parekh and Co., Ld. Advocate for the Defendant.
Coram :- R. N. Bansal, Judge
C. R. No. 36 [B.B.]
Date :- 03/12/2022
ORDER :
This is an application filed by the defendant for
permission to deposit the arrears of rent and further continue to
deposit the rent in respect of the suit premises in the Court till the
final disposal of the suit.
2. Perused application and say filed by the plaintiffs. Heard.
Perused record.
3. It is submitted by the defendant that, the aforesaid suit is
filed as R.A.E. suit and not as R.A.E. & R. for the reasons best
known to the plaintiff. In the plaint, the plaintiffs have alleged
about non compliance of notice under Section 15, but suppressed
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tender of rent by the defendant within the statutory period of 90
days from the date of said notice. In order to avoid consequences
and/or misinterpretation of Section 15 the present application is
filed.
4. It is further submitted by the defendant that, he is ready
and willing to pay the arrears of rent till date in respect of the suit
premises amounting to Rs. 24,209.72 together with interest @ 15%
p.a. amounting to Rs. 18,171/- and Rs. 1000/- towards the cost of
the suit and further ready and willing to continue to pay the
present month rent of Rs. 131.46 per month, pending the hearing
and final disposal of the suit. If the application is not allowed grave
and irreparable harm, loss and injury would be caused to the
defendant which cannot be compensated in terms of money. No
prejudice would be caused to the plaintiff. Hence it is prayed that,
the defendant may be permitted to deposit a total sum of
Rs. 24,209.72 and further permitted to continue to deposit the
monthly rent @ Rs. 131.46 per month w.e.f. 01/10/2021 till further
order.
5. The plaintiffs have filed reply at Exh. 15 and submitted
that, the defendants have not tender rent within the statutory
period of 90 days from the date of notice in compliance of Section
15 and hence the question of plaintiff has suppressed the same
does not arise. The rent per month alongwith permitted increases
in respect of the suit premises is Rs. 163.92/-. The defendant has
failed and neglected to show specific cause and ground for the
relief prayed to be granted. Hence prayed that, the application may
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be dismissed.
6. On perusal of record it appears that, the plaintiffs have
filed the above said suit for eviction of the defendant from the suit
premises on the grounds more particularly mentioned in the
plaint. The defendant has filed present application for deposit of
rent. Under the Maharashtra Rent Control Act, the occupant or
tenant is entitled to deposit the arrears of rent during pendency of
the suit without prejudice to the rights of the plaintiffs. No
prejudice will be caused to the plaintiffs if defendant will deposit
the rent in the Court. Considering this aspect, it is necessary to
grant permission to the defendant to deposit in the Court the
arrears of rent as prayed. Hence, the following order :
: ORDER :
1. The application is allowed.
2. Without prejudice to the rights and
contentions of the plaintiffs, the defendant is
permitted to deposit in the Court a total sum
of Rs. 24,209.72 together with interest @ 15%
p.a. amounting to Rs. 18,171/- and Rs. 1000/-
towards cost of the suit and further permitted
to deposit the arrears of rent @ Rs. 131.46 per
month for the period from October, 2021 to
December, 2022 till next date.
3. The defendant is also permitted to continue to
deposit in the Court the future rent at the
same rate from January, 2023 on or before
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10th of each succeeding month till final
decision of the suit.
4. Both parties to take note.
(Dictated and pronounced in open Court.)
(R. N. Bansal)
Date : 03/12/2022 Judge, C.R. No. 36
Order dictated on : 03/12/2022
Order checked and signed on : 03/12/2022
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