Prakash S/O Kalidas Vithaldas Bhavsar Alias Malavania And ORS v. Mahesh Ramesh Mehta

Megha 908_wp_17665_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17665 OF 2024 Prakash Kalidas Vithaldas Bhavsar and Ors.

....Petitioners V/s.

Mahesh Ramesh Mehta .... Respondent _______________ Dr. R.A. Thorat, Senior Advocate i/b. Ms. Pratibha Shelke for the Petitioners.

Mr. Abhijeet Joshi i/b. Mr. Chaitanya R. Kulkarni for the Respondent.

_______________ CORAM : SANDEEP V. MARNE, J.

DATED : 5 December 2024.

P.C.:

1) Petition challenges order dated 19 October 2024 passed by the Appellate Bench of the Small Causes Court rejecting Defendant's application at Exhibit-25 seeking permission to deposit rent during pendency of the Appeal.

2) Heard Dr. Thorat, the learned senior advocate appearing Digitally signed by MEGHA SHREEDHAR PARAB Date:

2024.12.06 17:38:23 +0530 for the Petitioners and Mr. Joshi, the learned counsel appearing MEGHA SHREEDHAR PARAB for the Respondent.

3) After having heard the learned counsel appearing for the parties, I am of the view that Defendants can be permitted to ___Page No.

1 of 2 ___ 5 December 2024

Megha 908_wp_17665_2024.docx deposit the rent in respect of the suit premises during pendency of the Appeal, without prejudice to rights and contentions of both the parties. Such deposit, if made by Defendants whether would amount to sufficient compliance under the provisions of Section 15(3) of the Maharashtra Rent Control Act, 1999 (MRC Act) would be decided by the Appellate Court on its own merits. However, I do not see any difficulty why Defendants cannot be permitted to deposit rent in respect of the suit premises during pendency of the Appeal .

4) Accordingly order dated 19 October 2024 passed by the Appellate Bench of the Small Causes Court is set aside. Application filed by the Defendants at Exhibit-25 is made absolute in terms of the prayers made therein. It is however, clarified that deposit of rent made in pursuance of this order shall not ipso facto be construed as compliance with provisions of Section 15(3) of the MRC Act.

5) Writ Petition stands disposed of.

[SANDEEP V. MARNE, J.] ___Page No.

2 of 2 ___ 5 December 2024