Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 16
IN
R.A.E. SUIT NO. 275 of 2021
(CNR No. :- MHSCA3-000566-2021)
1. Shri Rakesh Champalal Kothari and Ors. ... Plaintiffs
Versus
Shri Kishore Narrottamdas Gandhi ... Defendant
Mr. L. V. Jain, Ld. Advocate for the Plaintiffs.
Mr. K. R. Parekh and Co., Ld. Advocate for the Defendant.
Coram :- R. N. Bansal, Judge
C. R. No. 36 [B.B.]
Date :- 18/02/2023
ORDER :
This is an application filed by plaintiff for permission
to withdraw the amount of arrears of rent deposited by the
defendant in the Court and further amount of rent as and when the
defendant will deposit in the Court.
2. Perused application and say filed by the defendant.
Heard. Perused record.
3. It is submitted by the plaintiff that, the application Exh.
14 taken out by the defendant for deposit of arrears of rent and
further rent was allowed by the Court by passing order dated
03/12/2022. There is no specific order for withdrawal of the same.
Therefore it is just and proper to allow the plaintiff to withdraw
the amount of arrears of rent and further rent. Hence it is prayed
/home/steno36/RNB/2023/Orders/EXH-16 RAE 275 of 2021. Withdrawal of amount. 18.02.2023.odt KCP
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that, the plaintiff be permitted to withdraw the amount of arrears
of rent deposited by the defendant in the Court and further
amount of rent as and when the defendant will deposit in the
Court as per order dated 03/12/2023.
4. The defendant has filed reply at Exh. 18 and submitted
that, in absence of withdrawal order in order dated 03/12/2022
the plaintiff cannot be entitled to withdraw the rent deposited by
the defendant and further arrears of rent. Hence application is
objected and prayed that application may be dismissed with cost.
5. On perusal of record it appears that, by passing order
below Exh. 14 dated 03/12/2022 the defendant is permitted to
deposit the arrears of rent amount and future rent in the Court.
The plaintiff has filed present application for withdrawal of said
amount and amount as and when the defendant will deposit in the
Court. The Cash Department vide report dated 10/01/2023
submitted that, the defendant has deposited rent amount @
Rs. 45,142/- as per order dated 03/12/2022. Considering all these
facts and the nature of suit it is just and proper to give the amount
mentioned in report of Cash Department to the plaintiff. If the
present application is allowed it will not cause any prejudice to the
defendant. Hence, the following order :
: ORDER :
1. The application is allowed.
2. Assistant Registrar, Cash Department, Bandra
Branch is hereby directed to pay the amount
mentioned in the report of Cash Department
(Exh. 17) to the plaintiff after due
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identification.
3. Both parties to take note.
(Dictated and pronounced in open Court.)
(R. N. Bansal)
Date : 18/02/2023 Judge, C.R. No. 36
Order dictated on : 18/02/2023
Order checked and signed on : 18/02/2023
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