Interim Order 7

Order Details: Order on Exhibit
Pdf Text: Order dtd. 28.01.2026 :: 1 :: Exh. 26 RAER 427-2023
CNR No. MHSCA- 3000786-2023
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
ORDER BELOW EXHIBIT- 26
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 the application filed by the defendants to deposit the rent
from the period April, 2023 to April, 2025 in accordance with the Order
passed on dtd. 08.04.2025.
2. It appears that, the defendants have stated that, by way of Order
dtd. 08.04.2025, the defendants were directed to deposit the amount of
rent of Rs. 600/- from April, 2023 to April, 2025. It appears that, the
defendants have directly prepared the demand drafts in the name of the
Additional Registrar, Court of Small Causes, Bandra Branch amounting
to Rs.7,800/-. In view of the same, the defendants have prayed for
allowing them to deposit the rent as per the Order passed dtd.
08.04.2025.
1 of 2
-- 1 of 2 --
Order dtd. 28.01.2026 :: 2 :: Exh. 26 RAER 427-2023
3. The plaintiff has filed reply below Exhibit-27 and stated that, the
defendants have not shown sufficient cause for condoning the delay in
depositing the amount as ordered by this Court. The plaintiffs have
further stated that, the defendants are delaying the hearing of the
matter. Hence, application be rejected.
4. Heard, learned Advocates for both the sides. I have also perused
the Order passed below Exhibit-12 on 08.04.2025. By way of this order
the defendants were directed to deposit amount of Rs. 600/- per month
from April, 2023 to April, 2025 in the Court till next date and continue
to deposit the same from May, 2025. In view of letter dtd.13.09.2023, it
appears that, intimation was given to the plaintiffs about depositing of
the said amount in the Court. The copy of the said demand draft is also
attached along-with the notice. It appears that, there is dispute between
the plaintiffs and defendants regarding the compliance of Order. On
going through the Order, the Order is very specific. In view of the
above circumstances, it appears that, the application needs to be
allowed within reasonable time. Hence, I pass the followng order :-
:: O R D E R ::
1. Application (Exh.26) is allowed.
2. Defendants are hereby directed to deposit the rent in Court from
April, 2023 to April, 2025 in accordance with Order passed below
Exhibit-12 on 08.04.2025.
(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.26 RAER 427-2023 permission to deposit.odt
snj
2 of 2
-- 2 of 2 --