Full Order Text
Final Order 1 · 19 Dec 2019 · CNR MHCC010000982020
Order Details: Other Pdf Text: Noting : 19.12.2019 1 C. R. No. 01 19/12/2019 SU- 70/99 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Jyotiprakash for plaintiff present. Adv. Tripathi for deft. present. The matter is adjd for hearing to 03.02.2020. Judge 19/12/2019 SU- 4794/07 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Ashok Wanwari for plaintiff present. Adv. Thorat along with Adv. Ansari for deft. nos.9 and 11 present. Ld. counsel for deft. nos.9 and 11 seeks time as he is feeling unwell. Considering the same, the matter is adjourned. The matter is adjd for evidence to 23.01.2020. Judge 19/12/2019 SU- 7090/02 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Prerana Dhoke for plaintiff present. Adv. Yatin Shah for deft. present. In the last roznama it is wrongly written that matter is posted for further evidence of plaintiff. But, it is actually for further evidence of defendant. Ld. counsel for deft. seeks time for adducing further evidence of defendant. Granted. The matter is adjd for evidence to 03.02.2020. Judge 19/12/2019 Counter claim no.5/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Yatin Shah for plaintiff present. Adv. Prerana Dhoke for deft. present. The matter is adjd for further evidence of plaintiff to 03.02.2020. Judge -- 1 of 15 -- Noting : 19.12.2019 2 C. R. No. 01 19/12/2019 SU- 9880/87 Exh.31 Exh.32 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhadawkar for plaintiff present. Plaintiff present. Adv. Kajal for deft. no.2(a) and 2(b) present. Adv. Mr. Mukharjee for deft. nos.5 and 6 present. CA of deft. no.4 present. Affidavit of service tendered by plaintiff. T.O.R. Deposition of PW-2 Anjani Kumar. Examination in chief is resumed. Circular. Examination in chief is completed by Adv. Bhadawkar. Cross examination for defendant nos.2(a) and 2(b) by adv. Ms. Kajal is declined. Cross examination for defendant nos.5 and 6 by Adv. Mr. Vishwajeet Mukharjee is declined. Cross examination by CA of defendant no.4 is declined. The matter is adjd for evidence to 07.01.2020. Judge 19/12/2019 SU- 9794/99 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd being stayed to 27.03.2020. Judge 19/12/2019 Exe. Apln. 276/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Ganesh Lambate for DH present. Adv. Yadav for JD present. Adv. for DH seeks time. Granted. The matter is adjd for settlement to 10.02.2020. Judge 19/12/2019 SU- 697/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Adv. Mr. Jitendra Patil for plaintiff present. Deft. no.2 present. Ld. Counsel for plaintiff seeks time to file list of witness/evidence. Granted. The matter is adjd for evidence to 26.02.2020. Judge -- 2 of 15 -- Noting : 19.12.2019 3 C. R. No. 01 19/12/2019 SU- 4540/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Deft. no.3 present. Court is busy in hearing argument in time bound matter no.9488/89. The matter is adjd for cross examination to 03.02.2020. Judge 19/12/2019 SU- 4697/13 Exh.6 Exh.7 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Nandini Chittal for plaintiff present. Adv. Shrivastav for deft. present. Affidavit of examination in chief of PW-1 Amit Jha. Compilation of documents. O. - Call say of defendant. Verification of PW-1 completed. Copies are supplied to other side. The matter is adjd for say on Exh.7 to 06.02.2020. Judge 19/12/2019 SU- 4581/12 Exh.11-A CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Shrivastav for plaintiff present. Adv. Nandini Chittal for deft. present. Counsel for deft. filed statement on admission and denial. Copy is supplied to other side. The matter is adjd for hearing on Exh.11 to 06.02.2020. Judge 19/12/2019 SU- 2690/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Redekar for plaintiff present. Adv. Shukla for deft. no.4 present. Ld. counsel for plaintiff seeks time to adduce evidence and file list of witnesses. Granted. The matter is adjd for evidence to 25.02.2020. Judge -- 3 of 15 -- Noting : 19.12.2019 4 C. R. No. 01 19/12/2019 SU- 33/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Mr. Redekar for deft. no.1 and 2 present. In the interest of justice, matter is adjourned for filing list of witness and evidence. The matter is adjd for evidence to 25.02.2020. Judge 19/12/2019 SU- 4636/10 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Yatin Shah for plaintiff present. Adv. Sai Kumar P. for deft. no.1 present. Ld. counsel for deft. no.1 seeks time to file statement on admission and denial. Granted. The matter is adjd for admission and denial to 07.02.2020. Judge 19/12/2019 SU- 4179/12 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Shrivastav for plaintiff present. None for deft. Order complied by deft. no.1 and 4. The matter is adjd for framing of issues to 01.02.2020. Judge 19/12/2019 SU- 3164/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for framing issues to 01.02.2020. Judge 19/12/2019 COMM SU- 12/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mr. Mir for plaintiff present. Adv. Mr. Yadav for deft. no.1 and 2 present. Ld. counsel for deft. no.1 and 2 submitted that deft. no.1 is in jail and the jail authority has refused to take the signature of deft. no.1. He would submit that he would apply to the concerned court for obtaining the direction in this regard. The matter is adjd for written statement to 13.01.2020. Judge -- 4 of 15 -- Noting : 19.12.2019 5 C. R. No. 01 19/12/2019 COMM SU- 14/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mr. Mir for plaintiff present. Adv. Mr. Yadav for deft. no.1 and 2 present. Ld. counsel for deft. no.1 and 2 submitted that deft. no.1 is in jail and the jail authority has refused to take the signature of deft. no.1. He would submit that he would apply to the concerned court for obtaining the direction in this regard. The matter is adjd for written statement to 13.01.2020. Judge 19/12/2019 SU- 1766/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Manisha for plaintiff present. Plaintiff present. None for deft. Plaintiff tendered writ of summons. T.O.R. The matter is adjd for order to 14.02.2020. Judge 19/12/2019 SU- 2702/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Report not received. The matter is adjd for report to 14.02.2020. Judge 19/12/2019 SU- 2912/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mr. Singh for plaintiff present. Adv. Mr. Bhadang for deft. no.1 present. Adv. Ms. Chandana Salgaonkar for deft. no.2 present. Partly heard arguments of Adv. Mr. Bhadang. The matter is adjd for further arguments to 02.01.2020. Judge -- 5 of 15 -- Noting : 19.12.2019 6 C. R. No. 01 19/12/2019 ST- 13893/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Vaibhav C. for plaintiff present. Adv. Dubey along with Adv. Mr. Bhagwat for deft. nos.1 and 2 present. F.R.S.R. following order is passed - ORDER 1. Draft N/M of the defendants stands rejected. 2. Cost in the cause. 3. Defendants to take their N/M for registration for statistical purposes. The matter started for interim hearing of N/M of plaintiff. The Ld. Counsel for defendants on instruction submitted without prejudice to the rights of the defendants, they would keep the suspension order of the plaintiff dated 06.12.2019 in abeyance and would give opportunity to the plaintiff to put his stand on the complaints received by the defendant no.1/club. The Ld. Counsel for plaintiff pointed out that the plaintiff is the member of the defendant no.1/club and he should not be prevented from availing the facilities of the defendant no.1/club. The Ld. Counsel for defendants submitted that they have no reservation for the same provided that the plaintiff maintains the decorum of the club. In view of the statement made by Ld. Counsel for defendants, there is no purpose at this juncture to take hearing of the N/M. Meanwhile, when the plaintiff who is permitted to enjoy the facilities of the defendant no.1/club by keeping the suspension in abeyance, he should strictly abide by the rules and regulations of the defendant no.1/club. Ld. counsel for defendants submitted that the plaintiff can avail the facilities from 20.12.2019. The counsel for plaintiff has no objection for the same. The matter is adjd for N/M hearing and compliance to 22.01.2020. Judge -- 6 of 15 -- Noting : 19.12.2019 7 C. R. No. 01 19/12/2019 SU- 93/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. None for deft. Plaintiff seeks time to file affidavit of service. Granted. The matter is adjd for affidavit of service to 03.03.2020. Judge 19/12/2019 SU- 133/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Adv. Mr. Rajesh Singh for deft. present. The matter is adjd for evidence to 20.02.2020. Judge 19/12/2019 SU- 4541/12 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mishra for plaintiff present. Adv. Kajal for deft. no.4 present. Ld. counsel for plaintiff submitted that transfer application filed by one of the defendants is pending before Hon'ble Principal Judge, hence seeks adjournment. Granted. The matter is adjd for N/M hearing to 21.02.2020. Judge 19/12/2019 SU- 3026/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Nilesh Pandey for plaintiff present. CA of plaintiff present. Adv. M. Surana for deft. no.1 present. Adv. Sen for deft. no.2 to 16 and 18 present. Adv. Punam for deft. no.19 to 21 present. The matter is adjd for N/M hearing to 30.01.2020. Judge 19/12/2019 SU- 2452/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. J. Chaudhari for deft. no.1, 2, 10, 12 and 13 present. The matter is adjd for N/M hearing to 13.02.2020. Judge -- 7 of 15 -- Noting : 19.12.2019 8 C. R. No. 01 19/12/2019 SU- 1863/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Vaid for plaintiff present. Adv. Nirav Shah for deft. present. The matter is adjd for N/M hearing to 22.01.2020. Judge 19/12/2019 SU- 2453/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Atif Khan for deft. present. The matter is adjd for N/M hearing to 17.02.2020. Judge 19/12/2019 SU- 383/11 Exh.30 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Punam Tiwari for deft. present. Vakalatnama filed on behalf of deft. O. - Seen and filed. The matter is adjd for reply and hearing on N/M to 27.01.2020. Judge 19/12/2019 SU- 2573/17 Exh.5 Exh.3-A CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. P.B. Palav for plaintiff present. Adv. Tripathi for deft. present. Adv. for defendant filed application. O. - Read application. Heard. The counter claim is filed by defendant along with written statement. Hence, it be tagged with written statement and accordingly be marked as exhibit. Counter claim. Ld. counsel for deft. seeks time to file reply to N/M. Granted as a last chance. The matter is adjd for N/M reply to 18.02.2020. Judge -- 8 of 15 -- Noting : 19.12.2019 9 C. R. No. 01 19/12/2019 SU- 2748/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Laxmi Singh for plaintiff present. Adv. Mahi for deft. no.1 present. Adv. Nazia Khan for deft. no.2 present. Deft. nos.1 and 2 are appearing through their counsels. The plaintiff to supply plaint and annexures to defendants. The matter is adjd for filing W/S and reply to N/M as last chance to 21.02.2020. Judge 19/12/2019 SU- 2749/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Laxmi Singh for plaintiff present. Adv. Mahi for deft. no.1 present. Adv. Nazia Khan for deft. no.2 present. Deft. nos.1 and 2 are appearing through their counsels. The plaintiff to supply plaint and annexures to defendants. The matter is adjd for filing W/S and reply to N/M as last chance to 21.02.2020. Judge 19/12/2019 SU- 1903/12 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Harshil Panchal for plaintiff present. Adv. Savardekar for deft. present. None present on behalf of applicant in Ch/sum. The applicant in Ch/sum has also not tendered the registered Ch/sum. The online status shows that Ch/sum has been registered as Ch/sum no.1028/19. As the applicant in Ch/sum has not tendered the registered Ch/sum and has not taken further steps, the Ch/sum stands dismissed for want of steps. The matter is adjd for hearing on admission and denial to 07.02.2020. Judge 19/12/2019 SU- 308/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Vaidya for plaintiff present. None for deft. Adv. for plaintiff submitted that the mediation is under progress. The matter is adjd for mediation report to 02.03.2020. Judge -- 9 of 15 -- Noting : 19.12.2019 10 C. R. No. 01 19/12/2019 SU- 663/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Deft. no.1 present. Adv. Mr. Sarang Kalmegh for deft. no.2 present. Deft. no.1 files additional reply to N/M no.769/19. T.O.R. The matter is adjd for N/M hearing to 03.02.2020. Judge 19/12/2019 SU- 943/03 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Firoza Shaikh for plaintiff present. None for deft. Adv. for plaintiff tendered affidavit of service in respect of service to respondents. T.O.R. It appears that respondent no.1 Sudha Shamrao Parab has not been served as the postal endorsement appears to be dead. The N/M appears to have been served to respondent no.3 Navin Parab. N/M to proceed in absence of respondent no.3. Plaintiff to take steps in view of death of respondent no.1 Sudha and to serve respondent no.2 Raman. The matter is adjd for steps to 20.02.2020. Judge 19/12/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 10 of 15 -- Noting : 19.12.2019 11 C. R. No. 01 ST- 9332/19 By precipe. Adv. Sachin Thorat for plaintiff present. None for deft. Adv. for plaintiff filed draft Ch/sum along with supporting affidavit. Leave is granted to register it. The matter is already adjd to 08.01.2020. Judge 19/12/2019 ST- 7545/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) By precipe. Adv. Sachin Thorat for plaintiff present. None for deft. Adv. for plaintiff filed draft Ch/sum along with supporting affidavit. Leave is granted to register it. The matter is already adjd to 08.01.2020. Judge 19/12/2019 ST- 9333/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) By precipe. Adv. Sachin Thorat for plaintiff present. None for deft. Adv. for plaintiff filed draft Ch/sum along with supporting affidavit. Leave is granted to register it. The matter is already adjd to 08.01.2020. Judge 19/12/2019 ST- 6908/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) By precipe. Adv. Sachin Thorat for plaintiff present. None for deft. Adv. for plaintiff filed draft Ch/sum along with supporting affidavit. Leave is granted to register it. The matter is already adjd to 08.01.2020. Judge 19/12/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 11 of 15 -- Noting : 19.12.2019 12 C. R. No. 01 ST- 7391/19 By precipe. Adv. Sachin Thorat for plaintiff present. None for deft. Adv. for plaintiff filed draft Ch/sum along with supporting affidavit. Leave is granted to register it. The matter is already adjd to 08.01.2020. Judge 19/12/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 12 of 15 -- Noting : 19.12.2019 13 C. R. No. 01 SU- 9488/89 Plaintiff along with her CA present. Adv. Mr. Rajesh Singh for defendant nos.2, 5 to 7 present. Plaintiff tendered registered N/M no.4838/19. T.O.R. On 18.12.2019, the order was passed on Exh.62-A but it was inadvertently written as order on Exh.60-A. Heard argument of Ld. Counsel for deft. no.2, 5 to 7. Heard part argument of the CA of plaintiff. The matter is adjd for further argument of plaintiff to 20.12.2019. Judge 19/12/2019 SU- 2116/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Defendant present. Court is busy in hearing final argument in SU 9488/89, the matter is adjd for order to 16.01.2020. Judge 19/12/2019 Exe. Apln. 372/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mirza for DH present. None for JD. Court is busy in hearing final argument in SU 9488/89, the matter is adjd for order to 17.01.2020. Judge 19/12/2019 Exe. Apln. 373/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mirza for DH present. None for JD. Adv. Mirza filed writ of possession. T.O.R. Court is busy in hearing final argument in SU 9488/89, the matter is adjd for order to 17.01.2020. Judge 19/12/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 13 of 15 -- Noting : 19.12.2019 14 C. R. No. 01 SC- 176/18 NOB TOB. Adv. M.S. Ghodke for accused nos.1 to 4 present. Adv. Mr. Ghodke filed application for extension of time to furnish surety. O. - Time is extended as sought. Judge 19/12/2019 SU- 3414/13 Exh.5-A Exh.4-A CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Karekar for deft. no.4 and 5 present. Additional written statement on behalf of deft. no.4 and 5. O. - Read and recorded. On behalf of deft. no.3, Nitesh Dehrikar of clerk of Adv. Vasudeo present. He files additional W/S of deft. no.3. Additional written statement of deft. no.3. O. - Read and recorded. Deft. no.1 and 2 failed to file additional W/S, suit to proceed without additional W/S of deft. no.1 and 2. The matter is adjd for issues to 29.02.2020. Judge 19/12/2019 SU- 3415/13 Exh.4-A CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. On behalf of deft. no.3, Nitesh Dehrikar of clerk of Adv. Vasudeo present. He files additional W/S of deft. no.3. Additional written statement of deft. no.3. O. - Read and recorded. Deft. no.1 and 2 failed to file additional W/S, suit to proceed without additional W/S of deft. no.1 and 2. The matter is adjd for issues to 29.02.2020. Judge 19/12/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 14 of 15 -- Noting : 19.12.2019 15 C. R. No. 01 SU- 3449/13 Exh.4-A None for plaintiff. On behalf of deft. no.3, Nitesh Dehrikar of clerk of Adv. Vasudeo present. He files additional W/S of deft. no.3. Additional written statement of deft. no.3. O. - Read and recorded. Deft. no.1 and 2 failed to file additional W/S, suit to proceed without additional W/S of deft. no.1 and 2. The matter is adjd for issues to 29.02.2020. Judge 19/12/2019 SU- 1189/14 Exh.3-A CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. On behalf of deft. no.3, Nitesh Dehrikar of clerk of Adv. Vasudeo present. He files additional W/S of deft. no.3. Additional written statement of deft. no.3. O. - Read and recorded. Deft. no.1 and 2 failed to file additional W/S, suit to proceed without additional W/S of deft. no.1 and 2. The matter is adjd for issues to 29.02.2020. Judge 19/12/2019 SU- 4960/08 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for order to 23.01.2020. Judge Completed. -- 15 of 15 --
