Order 6

Order Details: Order on Exhibit
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CNR NO.MHSCA-30012572022
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.36
IN
R.A.E. SUIT NO. 24 OF 2023
M/s. Mittal Estate . . Plaintiff.
Versus
1. M/s Exotica and anr. . . Defendants.
Coram : A. R. Vyawahare,
Judge, C.R.No.37
Date : 7/9/2026
ORAL ORDER :
1. This application has been filed by the defendant seeking
permission to deposit the rent from 1/4/2026 to 30/6/2026.
2. According to the applicant, he had filed an application at
Exh.23 seeking permission to deposit the monthly rent. He further
submitted that said application was allowed by this Court and he has
been permitted to deposit the monthly rent. He deposited the said
rent regularly upto March 2026. However, inadvertently he could
not deposit the rent of the month of April, May and June 2026. His
manager was under impression that the rent for the quarter of April
to June 2026 was to be deposited in the month of May 2026 in this
Hon’ble Court. Accordingly, the Manager of defendant No.1 visited
the office of this Court on 8/5/2026. However, he was informed that
there is delay in depositing the rent and application was required to
be filed to condone the delay. According to him, there is no
intentional delay in depositing the rent. Accordingly, he prayed that
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delay in payment of rent shall be condoned and he shall be permitted
to deposit the arrears of rent.
3. The plaintiff filed his reply and opposed the application
on the ground that no sufficient reasons are mentioned in the
application. Reasons are not supported with documents. He has
denied all averments of the application. Thus, the plaintiff prayed
for rejection of the application.
4. Perused the application and reply. Heard argument of
both the parties. Upon perusal of record it is evident that, this Court
vide order dated 18/2/2025 has allowed the defendant to deposit
the rent. The Court had also observed that this order has been
passed without prejudice to the rights and contentions of both the
parties. According to the defendant, he has deposited the rent upto
March 2026. He is in arrears of three months rent. Hence, this order
can also be passed without prejudice to the rights and contentions of
both the parties regarding delay. Hence, I pass the following order.
ORDER
1. Application is allowed.
2. The applicant is allowed to deposit the arrears
of rent without prejudice to the rights and
contentions of both the parties.
3. The applicant is directed to comply with the
order on or before next date.
Bandra - Mumbai. (A. R. Vyawahare)
Date : 7/9/2026. Judge, C.R.No.37.
.
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