Sakharabai Vasant Sonawane v. Smt. Munnidevi Rajju Yadav @ Gavali And Others

14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2644 OF 2022 IN CIVIL REVISION APPLICATION NO.957 OF 2012 SAKHARABAI VASANT SONAWANE )...APPLICANT V/s.

SMT.MUNNIDEVI RAJJU YADAV@GAVALI & ORS.)...RESPONDENTS Mr.Rajendra D.S.Bhandari, Advocate for the Applicant. None the Respondents.

CORAM

:

ABHAY AHUJA, J.

DATE :

28th JUNE 2023 P.C. :

1.

On 13th June 2023, the following order was passed : "1. This is an interim application seeking to deposit rent of Rs. 280/- with effect from 1 July 2020 till filing of this application i.e. 1 September 2021.

2. Learned Counsel for the Applicant submits that there has been a delay of 420 days in depositing the arrears and that the same be condoned as the applicant is ready and willing to pay the interest on the arrears.

3. Although notices have been issued, none appears for the Respondents. It is observed from the cause list that the vakalatnama has been filed by the Respondents and despite that none appears.

4. In this view of the matter, list on 28 June 2023. avk 1/2

14.doc 5.It is made clear that if none appears on behalf of the Respondents or no reply is filed by the next date in the interim application, this Court will proceed to pass an appropriate order in their absence."

2.

Today, again, none appears on behalf of the Respondents nor any reply is filed to the Interim Application. As noted in the above order, the Applicant is seeking to deposit rent of Rs.280/- in the Small Causes Court at Mumbai, with effect from 1st July 2020 till the filing of this application i.e. 1st September 2021. There is a delay of 420 days in depositing the arrears. Learned Counsel for the Applicant submits that the delay be condoned and the arrears be permitted to be deposited, as the Applicant is ready and willing to pay interest on the arrears. Learned Counsel submits that the delay has been caused due to the intervening covid period.

3.

Having heard the learned Counsel and having perused the application, let the delay of 420 days be condoned and the arrears of Rs.280/-, in addition to the arrears till date, along with interest at the rate of 9 percent per annum, be deposited in the Small Causes Court at Mumbai, within a period of two weeks.

4.

The application stands disposed.

(ABHAY AHUJA, J.) avk 2/2