Interim Order 3

Order Details: Order on Exhibit
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CNR NO.MHSCA-30006432022
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.30
IN
L.E. & C. SUIT NO. 83 OF 2022
1. Mrs. Dayavati Diwakar Mada and anr. . . Plaintiffs.
Versus
Mr. Latif Ahmed Shaikh . . Defendant.
Coram : A.S. Pandagle, Judge
C.R.No.37
Date : 10/2/2025.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendant for
condonation of delay in depositing the rent and permission to
deposit the rent and to allow to continue to deposit future monthly
rent into the Court as per earlier order. By filing present application
it is contended that as per order dated 19/7/2023 the defendant has
been regularly depositing the monthly rent of Rs.8,000/- per month
in the Court. He has deposited the amount of rent @ Rs.8,000/- per
month till December 2024. Towards the end of December 2024, the
defendant had gone to Pune to meet his close relatives. He is 55
years old and suffering from high diabetes. Unfortunately towards
the beginning of January 2025, his diabetes shot up very high and
therefore he could not move easily. He could come back only on
10/1/2025. On 13/1/2025 when he went to deposit the rent, the
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department refused to accept the amount since there was delay. The
delay is not deliberate or intentional, it is due to his illness, therefore
submitted that application as prayed may be allowed.
4. On the other hand, plaintiff by filing reply resisted the
application and contended that the said order be read through and
seems that nowhere in order dated 19/7/2023 is the amount to be
deposited treated as “rent”. The present application is filed to
mislead the Court that order dated 19/7/2023 is directing the
defendant to deposit “rent” which is false. No case is made out to
condone the delay.
5. After hearing both sides, gone through the contents of
the application, also gone through the record of the proceedings, by
way of this application, defendant seeking permission to deposit the
monthly rent @ Rs.8,000/- per month in the Court, also seeking
permission to allow him to continue to deposit the future monthly
rent in the Court @ Rs.8,000/- per month as per earlier order. In
compliance of order dated 19/7/2023 passed below Exh.13 the
defendant deposited the amount of rent @ Rs.8,000/- per month till
December 2024. By way of this application it is contended by the
defendant that due to his illness, he was unable to deposit the rent
from January 2025 within time. Considering this reason, if the
defendant is permitted to deposit the amount of rent without
prejudice to the rights and contentions of the plaintiff, no harm or
prejudice will be caused to the plaintiff. Hence, I proceed to pass
following order.
ORDER
1. Application is allowed.
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2. Without prejudice to the rights and
contentions of both parties, the defendant is
permitted to deposit the amount of rent
@ Rs.8,000/- per month for the month of
January 2025 and February 2025 in the Court,
on or before next date.
3. Without prejudice to the rights and
contentions of both parties, the defendant is
further permitted to continue to deposit
future monthly rent @ Rs.8,000/- per month
in the Court on or before 10th day of each
month and continue to deposit the same until
final disposal of the suit.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 10/2/2025. Judge, C.R.No.37.
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