1 RAE-427-2022-Exh-11-deposit of rent.

odt

IN THE COURT OF SMALL CAUSES AT MUMBAI

(BANDRA BRANCH)

ORDER BELOW EXHIBIT 11

IN
R.A.E. SUIT NO.427 OF 2022
(CNR : MHSCA3-001110-2022)

Mr. Rakeshkumar Dalsingar Singh … Plaintiff

V/s
Mr. Ramesh Deepchand Kumawat ... Defendant

Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 28.07.2023
ORAL ORDER :

Read application and say at Exh.14.

2. Heard both sides. Perused record. As per Section 15(3) of

the Maharashtra Rent Control Act, 1999, if within 90 days, defendant
pays and ready to pay rent in the court, then application has to be
allowed. From the record, it appears that summons of the suit is
served on the defendant on 08.10.2022. Application for depositing of
rent has been made on 03.01.2023 which is within 90 days as per
Section 15(3) of Maharashtra Rent Control Act,1999. Plaintiff in his
plaint has put forth one of the ground of arrears of rent. Even
defendant is also ready to deposit rent from January, 2005 till
December, 2022 and also ready to deposit further rent from January,
2023 onwards. Considering the ready and willingness of the
defendant, without prejudice to the rights and liabilities of the
parties, present application needs to be allowed. Hence, the following
order :

/home/steno37/D. P. Kasat - Judge/ORDER/July 2023/RAE-427-2022-Exh-11-deposit of rent.odt

 2 RAE-427-2022-Exh-11-deposit of rent.odt

ORDER
1. Application is allowed.

2. Defendant is permitted to deposit rent from

January 2005 till December 2022 amounting to
Rs.17,038/- at the rate of Rs.70/- per month
alongwith interest at the rate of 15% per annum
on or before 10.08.2023, without prejudice to
the rights and liabilities of the parties.

3. Defendant is permitted to deposit rent at the rate

of Rs.70/- per month from January 2023 to July
2023 with simple interest at the rate of 15% p.a.
on or before 10.08.2023, without prejudice to
the rights and liabilities of the parties.

4. Defendant is permitted to deposit further rent

from August 2023 onwards until final disposal of
the suit on or before 10th day of every month.
Digitally signed
by
DATTAPRASAD
PANDURANG
KASAT
Date:
2023.07.28
17:27:55 +0530

(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
28.07.2023
Dictated on : 28.07.2023
Checked & signed on : 28.07.2023

/home/steno37/D. P. Kasat - Judge/ORDER/July 2023/RAE-427-2022-Exh-11-deposit of rent.odt