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. 289 OF 2021
(CNR-MHSCA-3000590-2021)
1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs
Versus
1. Mr. Chandresh Gopalji Seth and Ors. ...Defendants
Mr. L. V. Jain, Ld. Advocate for Plaintiffs.
Mr. R. A. Agashe, Ld. Advocate for Defendants.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 02/09/2023
ORDER :
The defendant no. 2 has filed present application stating
that, defendant no. 2 is not in arrears of rent from August, 1999.
The defendant no. 2 is ready and willing to deposit the rent of Rs.
26,152.24 for the period from 1999-2000 till May, 2021 or he is
ready to deposit the rent till the disposal of the suit. The defendant
no. 2 has filed calculation sheet along-with this application.
Moreover, defendant no. 2 has no objection if the plaintiffs are
permitted to withdraw the rent deposited by the defendant. Hence,
prayed to allow her to deposit the rent in the Court.
2. Say filed by the plaintiffs on same application stating that,
without prejudice to the rights of the plaintiffs and subject to
accounts the application of defendant no. 2 may be allowed.
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3. Heard both sides at length.
4. On perusal of record it appears that, the plaintiffs have
filed suit for recovery of possession as there is relationship of
landlord and tenant between both parties. The present defendant
no. 2 has filed written statement on 05/08/2023. The defendant
no. 2 wants to deposit the rent as per the schedule annexed with
the application. It is not proper time to decide whether defendant
no. 2 has complied the provisions of Section 15 of Maharashtra
Rent Control Act or not. But, at this juncture it is necessary to
allow the defendant no. 2 to deposit the rent in the Court.
However, in the present case the defendant no. 2 has not
mentioned the specific month from which she want to deposit the
rent. On perusal of the Schedule-A it appears that, she want to
deposit the rent from 01/04/2008.
5. On perusal of the plaint it appears that, the plaintiff has
specifically mentioned that, there is arrears of the rent from
August, 1999 till May, 2021. Therefore, in the interest of justice it
is necessary to allow the application of defendant no. 2 to deposit
the rent as prayed. Hence, I pass the following order :
ORDER
1. The application below Exh. 16 is allowed.
2. The defendant no. 2 is allowed to deposit the
rent from August, 1999 till September, 2023
along-with interest and permitted increases as
per Section 15 of the Maharashtra Rent
Control Act without prejudice to the rights and
/home/steno36/PKK/September, 2023/Orders/EXH-16 RAE 289 of 2021. deposit of rent. 02.09.2023.odt KCP
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.. 3 .. EXH-16 R.A.E. Suit No. 289 of 2021
contentions of both parties till next date.
3. The defendant no. 2 is also allowed to deposit
the rent @ Rs. 90/- per month as per
Schedule-A from October, 2023 on or before
10th day of each succeeding month till final
decision of the suit without prejudice to the
rights and contentions of the both parties.
4. Both parties to take note.
(Dictated and pronounced in open Court.)
(P. K. Kharate)
Date : 02/09/2023 Judge, C.R. No. 36
Order dictated and typed on : 02/09/2023
Order checked and signed on : 02/09/2023
/home/steno36/PKK/September, 2023/Orders/EXH-16 RAE 289 of 2021. deposit of rent. 02.09.2023.odt KCP
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