Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 20
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 (deleted since deceased)
1a. Smt. Neeta Chandresh Sheth 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 :- 13/12/2023
ORDER :
The defendant no. 2 has filed present application stating
that the Court has already passed order on 02/09/2023 and
allowed to deposit the rent from August, 1999 till September, 2023
along-with interest and permitted increases. But, the quantum of
the rent is not mentioned in the said order. Hence, the registry has
not allowed to deposit the rent in the Court. Hence, the defendant
no. 2 want to deposit the rent as per the calculation vide Exhibit
‘B’. Hence, defendant no. 2 prayed that he may be allowed to
deposit the rent as per Exhibit ‘B’.
2. The say filed by the other side on same application stating
that the plaintiff be allowed to withdraw the deposited amount.
Moreover, plaintiff further averred that without prejudice to the
rights of the plaintiff the application may be allowed.
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3. Heard both sides at length.
4. On perusal of record, it appears that I have passed order
below Exh. 16 on 02/09/2023. But, the quantum of the rent is not
mentioned. But, now the defendant no. 2 has filed Exhibit ‘B’
along-with this application. Hence, it is necessary to allow
defendant no. 2 to deposit the rent as per Exhibit ‘B’. Hence, I pass
the following order :
ORDER
1. The application below Exh. 20 is allowed.
2. The defendant no. 2 is allowed to deposit the
rent from August, 1999 till December, 2023 as
per Exhibit ‘B’ filed along-with this application
without prejudice to the rights and
contentions of both parties till next date.
3. The defendant no. 2 is also allowed to deposit
the rent @ Rs. 90/- per month from January,
2024 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.)
sd/-
(P. K. Kharate)
Date : 13/12/2023 Judge, C.R. No. 36
Order dictated on : 13/12/2023
Order transcribed on : 13/12/2023
Order checked and signed on : 13/12/2023
/home/steno36/7. P.K. Kharate/12. December, 2023/Orders/13.12.2023/EXH-20 RAE 289 of 2021.rent.odt KCP
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