Interim Order 3

Order Details: Order on Exhibit
Pdf Text: .. 1 ..
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 23
IN
R.A.E. & R. SUIT NO. 412 of 2022
(CNR No. :- MHSCA3-001091-2022)
Mrs. Grace w/o Augustine Pinto ... Plaintiff
Versus
Mrs. Naznin Joseph D’souza ... Defendant
Mr. A. M. Saraogi, Ld. Advocate for the Plaintiff.
Mr. R. L. Dubey, Ld. Advocate for the Defendant.
Coram :- R. N. Bansal, Judge
C. R. No. 36 [B.B.]
Date :- 13/02/2023
ORDER :
This is an application filed by the defendant for
permission to deposit 15% interest per annum on arrears of rent
from 01/01/2021 to 31/03/2023.
2. Perused application and say filed by the plaintiff. Heard
advocate for both parties. Perused record.
3. It is submitted by the defendant that, by passing order
dated 21/01/2023 the Court has allowed the application Exh. 15
for permission to deposit the arrears of rent together with 15%
interest per annum. After going through the said order it came to
know that there is no order for depositing the interest and cost as
prayed in prayer clause (b) to the said application. The defendant
has already deposited the rent as per said order in the Court on
/home/steno36/RNB/2023/Orders/EXH-23 RAER 412 of 2022 deposit of rent. 13.02.2023.odt KCP
-- 1 of 3 --
.. 2 .. EXH-23 R.A.E. & R. Suit No. 412 of 2022
27/01/2023. Therefore it is prayed that, the defendant may be
permitted to deposit 15% interest per annum on arrears of rent
from 01/01/2021 to 31/03/2023.
4. The plaintiff has filed reply at overleaf and submitted
that, she leave to the Court.
5. On perusal of record it appears that, the defendant had
filed application Exh. 15 for permission to deposit the rent @
Rs. 200/- per month from 1st January, 2021 to 31st December, 2022
i.e. Rs. 4800/- alongwith 15% interest and further permitted to go
on depositing further rent of each succeeding month till final
disposal of the suit. On said application the Court has passed order
on 21/01/2023 and permitted the defendant to deposit in the
Court the arrears of rent and future rent as prayed. By way of
present application the defendant has prayed for permission to
deposit 15% interest per annum on arrears of rent from
01/01/2021 to 31/03/2023. It appears from the order passed
below Exh. 15 that, the Court has already permitted the defendant
to deposit the arrears of rent and future rent. Therefore if the
defendant is permitted to deposit 15% interest per annum on
arrears of rent from 01/01/2021 to 31/03/2023 it will not cause
any prejudice to the plaintiff. Therefore in such circumstances it is
necessary to allow the present application and permit the
defendant to deposit 15% interest per annum on arrears of rent
from 01/01/2021 to 31/03/2023. Hence, the following order :
: ORDER :
1. The application is allowed as prayed.
/home/steno36/RNB/2023/Orders/EXH-23 RAER 412 of 2022 deposit of rent. 13.02.2023.odt KCP
-- 2 of 3 --
.. 3 .. EXH-23 R.A.E. & R. Suit No. 412 of 2022
2. Without prejudice to the rights and
contentions of the plaintiff, the defendant is
permitted to deposit in the Court 15% interest
per annum on arrears of rent from 01/01/2021
to 31/03/2023 as prayed.
3. Both parties to take note.
(Dictated and pronounced in open Court.)
sd/-
(R. N. Bansal)
Date : 13/02/2023 Judge, C.R. No. 36
Order dictated and typed on : 13/02/2023
Order checked and signed on : 13/02/2023
/home/steno36/RNB/2023/Orders/EXH-23 RAER 412 of 2022 deposit of rent. 13.02.2023.odt KCP
-- 3 of 3 --