Interim Order 2

Order Details: Order on Exhibit
Pdf Text: 1 RAE-329-2023-Exh-11-deposit of rent.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 11
IN
R.A.E. SUIT NO.329 OF 2023
(CNR : MHSCA3-000695-2023)
Mr. Surendra Khurdhan Pasi … Plaintiff
V/s
Mr. Shambhunath Sitaram Jaiswal ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 22.12.2023
ORAL ORDER :
This is an application filed by defendant for depositing of
arrears of rent and further rent in the Court till final disposal of the
suit.
2. The plaintiff by filing reply has strongly objected the
application and prayed to reject the same.
3. Heard both sides. Perused record.
4. At the outset, as per Section 15(3) of the Maharashtra
Rent Control Act, 1999, if within 90 days, defendant pays and ready
to pay rent in the court, then application has to be allowed. From the
record, it shows that summons of the suit served on the defendant on
06.09.2023. Application for depositing of rent has been made on
04.10.2023 which is within 90 days.
5. Apart from this, there is no any supporting document
which shows that defendant has attempted to tender the arrears of
rent to the plaintiff. However, by this application, the defendant is
ready and willing to deposit monthly and further rent. If application
/home/steno37/D. P. Kasat - Judge/ORDER/Dec 2023/RAE-329-2023-Exh-11-deposit of rent.odt
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is allowed, no harm or prejudice will be caused to plaintiff.
Considering the ready and willingness of the defendant, without
prejudice to the rights and liabilities of the parties, present
application needs to be allowed. Hence, the following order :
ORDER
1. Application is allowed without prejudice to the
rights and liabilities of the parties.
2. Defendant is permitted to deposit arrears of rent
from 01.01.2006 till October, 2023 alongwith
interest amounting to Rs.7,490/- as prayed in
this application, within a period of one month
from the date of this order.
3. Defendant is permitted to deposit rent at the rate
of Rs.35/- from November 2023 to December
2023, as prayed in this application within a
period of one month from the date of this order.
4. Defendant is permitted to deposit further
monthly rent from January, 2024 onwards at the
rate of Rs.35/- per month on or before 10th day
of every month in the Court until final disposal
of the suit, as prayed.
Sd/-
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
22.12.2023
Dictated on : 22.12.2023
Checked & signed on : 22.12.2023
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