Interim Order 5

Order Details: Order on Exhibit
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CNR NO.MHSCA-30006952023
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.23
IN
R.A.E. SUIT NO. 329 OF 2023
Mr. Surendra Khurdhan Pasi . . Plaintiff.
Versus
Mr. Shambunath Sitaram Jaiswal . . Defendant.
Coram : A.S. Pandagle, Judge
C.R.No.37
Date : 7/3/2025
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 as per order dated 22/12/2023. By filing present
application it is contended by the defendant that the defendant have
taken out an application for condonation of delay on 20/12/2024 for
deposit of arrears of rent, on the same date, this Court allowed the
said application and the matter was adjourned to 7/2/2025, but the
defendant was not aware about passing of said order and therefore
could not be deposited the rent amount in the office of this Court.
Therefore seeking permission to deposit the rent as per the order
dated 22/12/2023.
4. On the other hand, plaintiff by filing reply strongly
/home/steno37/ASP/Order/Mar-25/E-23-RAE-329-2023 (delay depositing rent).odt
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objected this application and contended that the application is filed
by the defendant after 3 months from the date of order dated
20/12/2024 with intention to prolong the matter, therefore
submitted that application is not maintainable, therefore application
may be dismissed with costs.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings. Considering the reason stated in this application,
if the present application is allowed and the defendant is permitted
to deposit the amount of rent in compliance of order dated
22/12/2023, no harm or prejudice will be caused to the plaintiff.
Hence, I proceed to pass following order.
ORDER
1. Application is allowed.
2. The defendant is permitted to deposit the
amount of rent into the Court, without
prejudice to the rights and contentions of the
plaintiff, in compliance of order dated
22/12/2023, within 15 days from the date of
this order.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 7/3/2025. Judge, C.R.No.37.
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/home/steno37/ASP/Order/Mar-25/E-23-RAE-329-2023 (delay depositing rent).odt
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