Interim 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. 241 of 2021
(CNR No. :- MHSCA3-000596-2021)
Essem Capital Markets Limited ... Plaintiff
Versus
1. M/s. National Motor Garage and Ors. ... Defendants
M/s. A. V. Jain Associates, Ld. Advocate for the Plaintiff.
Clarus Legals, Ld. Advocate for the Defendants.
Coram :- R. N. Bansal, Judge
C. R. No. 36 [B.B.]
Date :- 06/05/2023
ORDER :
This is an application filed by the plaintiff for recast
issues which was framed on 07/06/2022.
2. Perused application and say filed by the defendant. Heard
advocate for both parties. Perused record.
3. It is submitted by the plaintiff that, issue no. 2 i.e.
“Whether the plaintiff proves that it has issued legal notice to the
defendants as per the provision of law ?” is required to be deleted
as being irrelevant for the reason that the plaintiffs have filed
above suit on the grounds of Section 16(1)(a), 16(1)(b) and 16(1)(e)
of the Maharashtra Rent Control Act, 1999 (the Act) and not under
Section 15(2) of the Act. There is no pleading in support of said
issue. Therefore it is prayed that, issues framed on 07/06/2022 be
/home/steno36/RNB/2023/Orders/EXH-16 RAE 241 of 2021. recast issues. 06.05.2023.odt KCP
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.. 2 .. EXH-16 R.A.E. Suit No. 241 of 2021
recast.
4. The defendants have filed say at overleaf strongly
objected the application as the plaintiff have issued notice
demanding rent and same has been replied and counter replied by
the plaintiff.
5. On perusal of record it appears that, the plaintiff has filed
present suit for eviction of the defendants in respect of the suit
premises on the grounds under Section 16(1)(a), 16(1)(b) and 16(1)
(e) of the Maharashtra Rent Control Act, 1999. On perusal of
issues at Exh. 15 alongwith the pleadings of the parties it appears
that, issue no. 2 was not properly framed as eviction is not claimed
on the ground of arrears of rent. So also it appears that, the issue
in respect of Section 16(1)(a) of the Maharashtra Rent Control Act,
1999 was not framed. Therefore, it is necessary to recast issues
framed below Exh. 15 by deleting issue no. 2 and by adding one
issue i.e. “Does the plaintiff prove that the defendants have
committed act contrary to the provisions of Clause (O) of Section
108 of Transfer of Property Act?”. Hence, the following order :
: ORDER :
1. The application is allowed.
2. Issues framed below Exh. 15 are hereby recast.
3. Both parties to take note.
(Dictated and pronounced in open Court.)
(R. N. Bansal)
Date : 06/05/2023 Judge, C.R. No. 36
Order dictated and typed on : 06/05/2023
Order checked and signed on : 06/05/2023
/home/steno36/RNB/2023/Orders/EXH-16 RAE 241 of 2021. recast issues. 06.05.2023.odt KCP
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