Full Order Text
Order 2 · 08 Jun 2023 · CNR MHSCA30009642022
Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT NO. 10 IN R. A. E. SUIT NO. 388 OF 2022 CNR NO. MHSCA30009642022 Mr. VINAYKUMAR PREMPYARELAL SADH …Plaintiff Versus MRS. CHANDRIKABEN MUKESH CHAVAN …Defendant ******** Mr. Shravan M. Vyas, Advocate for Plaintiff. Mr. Jayesh Patel, Advocate for Defendant. ******** Coram : V. G. Upadhye Judge Court Room No.33 Date : 08th June 2023 ORDER . This is an application taken out by defendant for depositing due rent, taxes and permitted increases, etc. in the court from April 2009 till March 2022 calculated to Rs.75,516/. The plaintiff has consented this application. 2. Heard both sides. Perused case record. 3. Plaintiff has opposed the application on various grounds but as an alternative, he asked for liberty to withdraw the amount that defendant proposes to deposit in Court. 4. Defendant has put a strong objection for allowing plaintiff to /home/steno33/Desktop/Exh 10 in RAE 3882022.odt -- 1 of 2 -- 2 withdraw the amount. In my opinion, the quantum of rent is in dispute. The facts pleaded by the adversaries are need to be tested at the time of adjudication of controversy. Till then, it will be justifiable to give liberty to plaintiff to withdraw the amount under protest and subject to undertaking that he will repay the amount subject to final decision of the Court. Hence, the following order : ORDER 1 Application at Exh.10 is allowed without prejudice to rights of both parties. 2 The defendant is permitted to deposit the rent as prayed. 3 The Cash Section shall accept the rent as prayed. ( Dictated and pronounced in open Court. ) ( V. G. Upadhye ) Date : 08.06.2023 Judge, C. R. No.33 Order dictated on : 08.06.2023 Order checked & signed on : 08.06.2023 /home/steno33/Desktop/Exh 10 in RAE 3882022.odt -- 2 of 2 --