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State of Gujarat - Section

Section 43 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947

43. Procedure of Court in suits.

- [(1) The provisions contained in Sections 28, 29, 30 and 31 shall, [subject to the provisions of sub-section (2)] [This section was renumbered as 43 (1) by Bombay 3 of 1949, Section 9 (1).], apply to suits by a manager of a hotel or an owner of a lodging house against a lodger for recovery of charges for, or possession of, the accommodation provided in the hotel or lodging house.]
(2)[ Pending the final decision of the suit for recovery of charges for the accommodation provided in hotel or lodging house, the manager of the hotel or the owner of the lodging house may make an application to the Court requiring the lodger to deposit in Court the amount of such charges. On such application, the Court shall forthwith make an order directing the lodger to deposit in Court such amount of charges within [such period as it thinks fit and shall serve the order upon the lodger and a copy thereof upon the manager of the hotel or the owner of the lodging house.] [This sub-section was inserted, Bombay 3 of 1949, Section 9 (2).] If the lodger fails to deposit such amount within the period specified in the order the Court may at any time thereafter pass an order for the eviction of the lodger.]