Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 12
IN
R.A.E. SUIT NO.364 OF 2024
(CNR : MHSCA3-001075-2024)
Mr. Jaideep Vasudeo Bhagat … Plaintiff
V/s
Mrs. Michelle Almeida ... Defendant
Coram : A. J. Fatale,
Judge, C.R.No.32 (B.B.),
Date : 12.01.2026
ORAL ORDER :
Perused application, handwritten say filed by advocate
for plaintiff and record. Heard both sides.
2. Present application filed by defendant for granting
permission to deposit arrears of rent with permitted increases rate
and interest and also for depositing further rent till disposal of the
suit. It is contention of the defendant that the defendant is ready and
willing to pay the rent and observed the terms and condition of
tenancy. The defendant has time and again tried to tender the rent of
suit premises personally to the plaintiff but the plaintiff was not
accepting the rent. As per contention of the defendant the rent of suit
premises is Rs. 280/- per month. The defendant wants to deposit the
arrears of rent for the period August 2024 to April 2025 alongwith
15% interest per annum. The defendant also ready to deposit rent at
the rate of Rs. 291.20/- per month from May 2025 with 4% per
annum increase from subsequent years. The defendant is not having
any objection for grating liberty to the plaintiff to withdraw the
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deposited amount.
3. Advocate for plaintiff filed say contenting that without
prejudice necessary order be passed.
4. On perusal of record it appears that, the plaintiff has
filed suit against defendants for eviction and possession of suit
premises on the grounds which are more particularly mentioned in
the plaint. As per contention of plaintiff also rent in respect of suit
premises is Rs.280/- per month. If the defendant is permitted to
deposit arrears of rent as well as further rent alongwith permitted
increases as prayed without prejudice to the rights and contentions of
both parties then no prejudice would be caused to the plaintiff.
Hence, I pass the following order :-
ORDER
1. Application is allowed without prejudice to the
rights and contention of both parties.
2. The defendant is permitted to deposit arrears of
rent of the suit premises @ Rs.280/- per month
alongwith interest @ Rs.15% per annum for the
period from August 2024 to April 2025 on or
before next date.
3. Defendant is also permitted to deposit arrears of
rent of the suit premises @ Rs. 280/- per month
alongwith permitted increases @ Rs. 4% per
annum from May 2025 till January 2026 on or
before next date.
4. Defendant is further permitted to deposit future
rent for month as per calculation arrived at as
narrated above from February 2026 till final
disposal of the suit on or before 10th day of each
month.
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5. Plaintiff is permitted to withdraw the arrears of
rent alongwith interest deposited by the
defendant and also the amount of rent as when
deposited by the defendant in the court.
(A. J. Fatale)
Judge, C.R.No.32 (B.B.)
12.01.2026
Dictated on : 12.01.2026
Checked & signed on : 12.01.2026
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