Mohammed Dargahi And ORS. v. Smt. Zakiaben A. Merchant And ORS.

904 CAC.699.12.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 699 OF 2012 IN CIVIL REVISION APPLICATION NO. 148 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. J.P. Thakkar for the Applicants.

None for the Respondents.

CORAM : K.K. TATED, J.

DATE : 05 MAY, 2016.

P.C. :

Heard learned counsel Mrs. Thakkar for the applicants. Advocate for the applicants filed three affidavits of service dated 4.5.2016 stating that the respondents are duly served.

The affidavits of service taken on record. This application preferred by defendant-tenant for condonation of delay in depositing the rent from July 2012.

Considering the submission made by learned counsel for the applicants in Civil Application, I satisfy that applicant has made out case for allowing this Civil Application. Hence following order :- a) Applicant is permitted to deposit the monthly accrued rent in respect of the suit premises Waghmare 1/2

904 CAC.699.12.doc from July, 2012 till May, 2016 in Trial Court on or before 10.06.2016, failing which the Civil Application shall stand dismissed without referring back to the Court.

b) Applicant to deposit the monthly rent of the suit premises from June 2016 in the trial Court on or before 10th of each month.

c) Applicant to deposit additional sum of Rs.5,000/- by way of cost for delay in depositing the rent in the trial Court.

d) The respondent plaintiff are entitled to withdraw the rent amount as well as cost if they so desire without furnishing any security.

Civil Application stands disposed of accordingly. (K.K. TATED, J.) Waghmare 2/2