Interim Order 6

Order Details: Order on Exhibit
Pdf Text: Order dtd. 28.01.2026 :: 1 :: Exh. 24 RAER 427-2023
CNR No. MHSCA- 3000786-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
ORDER BELOW EXHIBIT- 24
IN
R.A.E. & R. SUIT NO.427 OF 2023
1.Mr. Raju Mohan alias Nikhil Raj Mohan & 3 Ors. ….... Plaintiff.
V/s.
1.Mr. Subhash Kantilal Kadakia
2.Smt. Ujwala Subhash Kadakia …... Defendants.
Advocate for the plaintiffs : Mr. M. A. Chandan
Advocate for defendants : Mr. Shetty Kiran Arun
Coram : Mr. P. P. Naigaonkar,
Judge, C.R. No. 38 (B.B.)
Date : 28th January, 2026
Order :
1. This is application filed by the plaintiffs for striking off defences
of the defendants. The plaintiffs have filed the reply below Exhibit- 25.
2. Heard, learned Advocates for both the sides at length. I have also
perused the various Orders passed in the proceeding. It appears that,
the defendants were directed to deposit the arrears of permitted
increases payable along-with interest thereon vide Order passed below
Exhibit-12 on 08.04.2025. It appears that, the defendants have not
complied the said Order. It also appears that, subsequent thereto, the
application below Exhibit-13 was filed. The said application was partly
allowed. In view of the same, the plaintiffs have stated that, both these
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orders are not complied. Hence, the defence may be struck off.
3. It is the say of defendants that, the contentions mentioned in the
application is not sustainable and compliance of the Order has already
taken place. The defendants have stated that, after the Order passed
below Exhibit-12, the defendants have sent three different demand
drafts on 28.03.2025 by Registered Post A.D.. In view of the same, the
defendants have stated that, the compliance of Order passed below
Exhibit-12 is done. As far as Order passed below Exhibit-13 is
concerned, the said Order has been complied by the defendants. Hence,
The application be rejected.
4. On going through the pleadings and documents on record, it
appears that, the defendants have filed on record letter dtd. 28.03.2025
whereby three demand drafts of amount of Rs. 46,000/-, Rs. 7,200/-
and Rs.1,32,000/- were attached along-with letter was sent to the
plaintiffs. As per the track report, the said letter has been received by
the plaintiffs. Now, on going through the Order passed below Exhibit-12
my learned Predecessor has directed the defendants by way of Order
No.2 to deposit amount of Rs.600/- per month from April, 2023 till
April, 2025 in the Court till next date. By way of Order No.3 the
defendants were also directed to continue to deposit the monthly rent
from May, 2025 on or before 10th day of each succeeding English
Calendar Month. In view of this Order, the defendants were directed to
deposit the rent in Court and not to give the same to the plaintiffs. In
view of the same, the sending of demand drafts along-with letter dtd.
28.03.2025 is not at all justified. The plaintiffs have rightly replied the
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said notice and has not encashed the said demand drafts. It appears
that, striking off defence is a very rash step and in that proceeding the
defence of the defendants is struck off. In view of the said fact, it
appears that, the defendants have filed applications Exhibit-26 and
Exhibit- 28, 28-A and prayed for deposit of rent after condoning the
delay. In view of the same, it appears that, an opportunity needs to be
given to the defendants to comply the Order passed below Exhibit-12
within a reasonable and sufficient time. It is not the case that, the
defendants are not willing to pay the rent as per Order passed below
Exhibit-12. In view of the same, it appears to me to give reasonable
opportunity to the defendants to deposit the rent due, in view of Order
passed below Exhibit-12. In view of the same, I pass the following order
:-
:: O R D E R ::
1. The defendants are hereby directed to deposit and comply the
Order passed below Exhibit-12 within a period of two months from
passing of this Order.
2. If the defendants failed to comply the Order within two months,
the defence of the defendants will be struck off.
3. Defendants to note and act accordingly.
(Dictated and pronounced in open Court.)
(P. P. Naigaonkar)
Judge, C.R. No. 38 (B.B.)
Date : 28.01.2026 Small Causes Court, Mumbai
Dictated & Typed on : 28.01.2026
Checked & Signed on : 28.01.2026
/home/steno38/Desktop/JANUARY, 26 CR 38/28.01.26/28.01.26 EXH.24 RAER 427-2023.odt snj
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