Order 3

Order Details: Order on Exhibit
Pdf Text: 1 RAE 329 OF 2023 Exh. 20.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 20
IN
R.A.E. & R. SUIT NO.329 OF 2023
(CNR : MHSCA30006952023)
Surendra Khurdhan Pasi … Plaintiff
V/s
Shambhunath Sitaram Jaiswal ... Defendant
Coram : A. S. Pandagle,
Judge, C.R.No.37 (B.B.),
Date : 08.11.2024
ORAL ORDER :
1) Perused the application and say filed thereon.
2) Heard both sides.
3) The present application is filed on behalf of defendant
for withdrawal of the rent amount. As per order dated 22/12/2023
passed in Exh. 11 the application Exh. 11 was allowed and defendant
has been directed to deposit the monthly rent from Jan-2006 upto
Dec-2023 at rate of Rs. 35/- per month in the Court. But in the said
order not given any permission to the plaintiff for withdraw the said
rent amount which was deposited by the defendant therefore
submitted that plaintiff may be permitted to withdraw the dues
amount of rent deposited by the defendant into the Court alongwith
interest accured up till date.
4) On the other hand defendant by filing reply simply
resisted the application and contented that I leave to the Court to
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2 RAE 329 OF 2023 Exh. 20.odt
pass necessary order.
5) After hearing both sides, gone through contents of
application and reply filed thereon, also gone through the record of
the proceeding, by way of this application plaintiff seeking relief of to
allow him to withdraw the rent amount which was deposited by the
defendant in compliance of order dated 22/12/2023 passed in Exh.
11. If the present application is allowed and plaintiff is permitted to
withdraw the rent amount deposited by the defendnat, without
prejudice to the rights and contentions of the defendant it would not
cause any prjudice to the defendants. Hence I proceed to pass
following order.
ORDER
1. Application is allowed.
2. Without prejudice to the rights and contentions
of the defendant the plaintiff is permitted to
withdraw the dues amount of rent deposited by
the defendant into the Court as per order dated
22/12/2023 passed in Exh. 11.
(A. S. Pandagle)
Judge, C.R.No.37 (B.B.)
08.11.2024
Dictated on : 08.11.2024
Checked & signed on : 08.11.2024
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