Order 2

Order Details: Order on Exhibit
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CNR No. MHSCA-3000761-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 12
In
R.A.E. Suit No. 401 of 2023
1. Mr. Rakesh Champalal Kothari & Ors. ….... Plaintiffs.
V/s.
1. Mr. Dinesh Champalal Kothari & Ors. …... Defendants.
Advocate for the plaintiffs : Mr. L. V. Jain
Advocate for defendant No. 1 : Mr. G. S. Yadav
Coram : K. M. Kayangude,
Judge, C.R. No. 38 (B.B.)
Date : 20.09.2024
Oral Order :
Perused the application and reply.
2. The defendant No. 1 is seeking permission to deposit the
arrears of rent amount as claimed by the plaintiffs in order to get the
protection u/s 15 of the Maharashtra Rent Control Act, 1999. As per
the defendant No. 1 he has preferred the present application within 90
days from the date of service of suit summons.
3. At the outset, the suit is for eviction of defendant-tenant on
the ground of arrears of rent. In such circumstances, the defendant is
intending to comply the provisions of the section 15(3) of the
Maharashtra Rent Control Act, 1999, to get protection against the
eviction. Therefore, without prejudice to the rights and contentions of
the parties , if the permission is granted to the defendant to deposit the
rent amount, as prayed by him, then it will meet ends of justice.
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4. The defendant asserted that he is ready to deposit the said
amount alongwith interest and costs of the suit as per the office
calculation. It is for the defendant to make necessary calculation and
deposit the amount in order to get the protection under the law.
Therefore, there is no question of calculation by office of this Court.
Accordingly, it is a fit case to allow the application. Hence, following
order.
:: O R D E R ::
1) Without prejudice to the rights and
contentions of the parties, the defendant No.
1 is hereby allowed to deposit arrears of rent
in terms of prayer clause (a).
2) It is hereby made clear that the defendant
will deposit the amount by making necessary
calculation.
3) The defendant No. 1 to deposit the arrears of
rent amount till September, 2024 within 15
days and go on depositing future rent
alongwith permitted increases on or before
10th day of each month, till final disposal of
the suit.
(Dictated and pronounced in the open court.)
(K. M. Kayangude)
Date : 20.09.2024 Judge, C.R. No. 38 (B.B.)
Dictated & Typed on : 20/09/24
Checked & Signed on : 20/09/24
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