Interim Order 1

Order Details: Order on Exhibit
Pdf Text: ..1..
(CNR No.MHSCA3-000765-2024)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.15
IN
R.A.E.&.R. SUIT NO.276 OF 2024
Mr. Sanjay Devraj Shah .... Plaintiff
Versus
Mr. Subhash Satyanarayan Singh …. Defendant
Mrs. Ketki Belapurkar for M/s. K. R. Parekh & Co., Ld. Advocate for
the plaintiff.
Shri. Suryakant K. Pise for S.K.Pise & Associates, Ld. Advocate for the
defendant.
Coram : Shri. S. N. Godbole, Judge.
C.R.No.34 (BB).
Date : 02.07.2025.
ORAL ORDER :-
1. This is an application filed by the defendant for
depositing the arrears of rent in the Court @ Rs.53/- per month from
January 2001 to December 2024 amounting to Rs.15,264/- and
further monthly rent till disposal of the suit.
2. Perused the application and reply Exhibit No.16 filed by
the plaintiff. Heard both sides.
/home/steno34/CR-34 HHJ SNG/2025/July/Exh-15 in R-R S.No.276-24 deposit of rent.odt
-- 1 of 3 --
..2..
3. From the perusal of record, it reveals that the present
suit is filed for eviction, recovery of arrears of rent, permanent
injunction and mesne profits on the grounds more particularly
mentioned in the plaint. This application is filed for permitting the
defendant to deposit the arrears of rent in respect of the suit premises
from January 2001 to December 2024 and onwards. The plaintiff
has disputed about the amount of rent. According to the plaintiff,
the rent of the suit premises is Rs.73/- per month. Admittedly, this is
not the application for fixation of standard rent. The defendant is
ready to deposit the arrears of rent at the rate of Rs.53/- per month
from January 2001 and onwards. The suit will take its own time for
decision on merits. No prejudice will be caused to the other side, if
permission is granted to the defendant to deposit the rent amount in
the Court as prayed in this application. Therefore, without prejudice
to the rights and contentions of both the parties, the defendant can
be permitted to deposit the rent amount accordingly. Hence, I
proceed to pass the following order:-
ORDER
1. Application Exhibit No.15 is allowed.
2. The defendant is permitted to deposit in the Court
the arrears of rent from January 2001 to December
2024 amounting to Rs.15,264/- on or before next
date.
3. The defendant is directed to deposit in the Court
further arrears of rent at the rate of Rs.53/- per
month for the period from January 2025 to July
2025 on or before next date.
/home/steno34/CR-34 HHJ SNG/2025/July/Exh-15 in R-R S.No.276-24 deposit of rent.odt
-- 2 of 3 --
..3..
4. The defendant is further directed to continue to
deposit in the Court the future rent at the rate of
Rs.53/- per month from August 2025 onwards till
disposal of this suit on or before 10th day of every
month.
5. This order is passed without prejudice to the rights
and contentions of both the parties.
6. Costs in cause.
Place : Mumbai (S. N. Godbole)
Date : 02.07.2025 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 02.07.2025
Order Checked & Signed on : 03.07.2025
/home/steno34/CR-34 HHJ SNG/2025/July/Exh-15 in R-R S.No.276-24 deposit of rent.odt
-- 3 of 3 --