Final Order 1

Order Details: Notice of Motion
Pdf Text: Noting : 17.01.2020 1 C. R. No. 01
17/01/2020
SU- 2750/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Wagh for plaintiff present.
None for deft.
Matter is for dismissal. Adjourned for dismissal of the
suit.
The matter is adjd for dismissal to 13.03.2020.
Judge
17/01/2020
SU- 9797/82
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. Pankaj Kowali along with Adv. Mrs. Manisha Karkar
for deft. present.
Ld. counsel for deft and plaintiff in person submitted that
the settlement talks are going on and seeks adjournment.
He would submit that director of deft. is residing at
Kolkata, therefore, it is taking time. The matter is old and
35 years old and is for final arguments. As the parties
pointed out that there is likelihood of settlement, in that
view of the matter, adjournment is granted.
The matter is adjd for settlement to 28.01.2020.
Judge
17/01/2020
SU- 7753/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ganesh Lambate for plaintiff present.
None for deft.
The matter is of the year 1997. Since long, consent terms
are filed. Parties to satisfy on next date as regards the
consent terms.
The matter is adjd for consent term to 11.02.2020.
L.O.
Adv. Ayesha Jain along with Adv. Chandni Sabnani for
deft no.3 present.
The matter is already adjd for consent term to
11.02.2020.
Judge
-- 1 of 15 --
Noting : 17.01.2020 2 C. R. No. 01
17/01/2020
SU- 4018/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rajeshwar for plaintiff present.
Adv. Malwankar for deft. no.1 and 2 present.
As the connected matter is adjourned on 04.02.2020, this
matter is adjd for arguments to 04.02.2020.
Judge
17/01/2020
Exe. Apln.
540/17
Exh.5-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Akshata Satam for DH present.
None for JD.
Reply filed to Exh.5 by DH. T.O.R.
The matter is adjd for hearing on Exh.5 to 06.03.2020.
L.O.
Adv. Meghna Desai for JD present.
The matter is already adjd for hearing on Exh.5 to
06.03.2020.
Judge
17/01/2020
SU- 2235/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Shukla for plaintiff present.
Adv. Kaustubh Patil for deft. present.
Ld. counsel for plaintiff seeks adjournment. Granted as a
last chance.
The matter is adjd for evidence to 25.02.2020.
Judge
17/01/2020
SU- 6194/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Kanchan for plaintiff present.
Adv. D'souza for deft. no.11 present.
Ld. counsel for plaintiff seeks adjournment. The matter is
for cross examination of PW-1. Granted as a last chance.
The matter is adjd for cross examination to 06.03.2020.
Judge
17/01/2020
SU- 6336/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prerna Doke for plaintiff present.
Adv. Radhika for deft. present.
PW-1 is not present. Ld. Counsel for plaintiff seeks
adjournment. Adjournment is granted as a last chance.
The matter is adjd for evidence to 09.03.2020.
Judge
-- 2 of 15 --
Noting : 17.01.2020 3 C. R. No. 01
17/01/2020
SU- 6683/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Disa along with Amiksha Joshi for plaintiff present.
Adv. S.R. Tejpal i/b. Tejpal and Co. for deft. no.2 present.
Adv. Mr. Bansal for deft. no.3 present.
Ld. counsel for plaintiff submitted that the plaintiff does
not wish to cross examine the witness of defendant no.3,
hence, defendant no.2 to cross examine the witness.
Ld. counsel for deft. no.2 submitted that cross
examination will not be completed today. He further
submitted that he has to refer the documents to the
witness in respect of the proceedings which were initiated
by the defendant no.3 against the defendant no.1 and 2.
In that circumstances, matter is adjourned.
The matter is adjd for evidence to 25.02.2020.
Judge
17/01/2020
SU- 1773/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None for deft.
Plaintiff seeks time to adduce evidence. In the interest of
justice, matter is adjourned.
The matter is adjd for evidence to 19.03.2020.
Judge
17/01/2020
SU- 1808/18
Exh.11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S.D. Bhandary for plaintiff present.
Plaintiff/PW-1 present.
None present on behalf of deft.
The evidence of PW-1 to proceed without cross of
defendant.
Evidence closing pursis filed by Adv. for plaintiff.
O. - Seen and filed.
The matter is adjd for arguments to 01.02.2020.
Judge
-- 3 of 15 --
Noting : 17.01.2020 4 C. R. No. 01
17/01/2020
SU- 5137/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. D'silva for plaintiff present.
Adv. Ms. Dey for deft. present.
PW-1 present.
Ld. counsel for deft. submitted that the counsel is unable
to attend the court as her father is unwell. Granted as a
last chance.
The matter is adjd for evidence to 05.03.2020.
Judge
17/01/2020
SU- 6963/02
Exh.27
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Malwankar for plaintiff present.
Adv. Rajeshwar for deft. nos.2(A) to 2(G) present.
Death certificate is a public document, hence it is marked
as exhibit.
Death certificate.
Cross examination of PW-1 is resumed by Adv. Mr.
Rajeshwar and completed.
The matter is adjd for hearing and order on Exh.25 to
04.02.2020.
Judge
17/01/2020
SU- 8337/98
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ayesha Jain along with Adv. Chandni Sabnani i/b.
Devang Shah for plaintiff present.
Adv. Almeda for deft. no.4 present.
Ld. counsel for plaintiff seeks time to examine further
witness. Adjourned as a last chance.
The matter is adjd for evidence to 05.02.2020.
Judge
17/01/2020
SU- 4217/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Madhavi Nalawade for plaintiff present.
Deft. no.2 present.
Deft. no.2 seeks time to file say on admissibility of
documents. Granted as a last chance.
The matter is adjd for admission and denial to
11.03.2020.
Judge
-- 4 of 15 --
Noting : 17.01.2020 5 C. R. No. 01
17/01/2020
SU- 770/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Jai i/b. Adv. Amit Munde for deft. no.1 present.
Deft. no. 1 present.
Issues are already framed in the matter.
The matter is adjd for evidence to 03.03.2020.
L.O.
Adv. Yogini Gada for deft. no.2 present.
The matter is already adjd for evidence to 03.03.2020.
Judge
17/01/2020
MA – 22/19
Exh.2
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agrawal for applicant present.
Adv. Bhandari for respondent present.
Vakalatnama filed by Adv. Ms. Sukeshi Bhandari for
respondent. T.O.R.
O. - Seen and filed.
Adv. for respondent seeks time to file reply. Granted.
The matter is adjd for reply to 13.02.2020.
Judge
17/01/2020
MA – 23/19
Exh.2
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agrawal for applicant present.
Adv. Bhandari for respondent present.
Vakalatnama filed by Adv. Ms. Sukeshi Bhandari for
respondent. T.O.R.
O. - Seen and filed.
Adv. for respondent seeks time to file reply. Granted.
The matter is adjd for reply to 13.02.2020.
Judge
17/01/2020
SU- 7305/01
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Giriraj for plaintiff present.
Adv. Milind Gyani for deft. present.
Further cross examination of DW-1 is resumed by Adv. Mr.
Giriraj for plaintiff and deferred till next date.
The matter is adjd for cross examination to 12.02.2020 at
12.00 noon.
Judge
-- 5 of 15 --
Noting : 17.01.2020 6 C. R. No. 01
17/01/2020
SU- 1969/13
Exh.12 colly.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Minal Chandani for applicants present.
Counsel for applicants tenders four Vakalatnamas. T.O.R.
O. - Seen and filed.
The counsel for applicants tendered draft Ch/sum along
with supporting affidavit. Leave is granted to register it.
The matter is already adjd to 11.02.2020.
Judge
17/01/2020
ST –
14405/19
Exh.2
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Ms. Sairuchita Chowdhary for plaintiff present.
Ld. counsel for plaintiff tendered application for
withdrawal of suit and N/M. T.O.R.
The application is signed by the partner of the plaintiff
and is on affidavit. The plaintiff wish to withdraw the
suit, hence it is expedient to pass the following order.
ORDER
1. Suit is disposed off as withdrawn.
2. No order as to cost.
3. Court fees be refunded to the plaintiff as per rules.
4. Suit be registered for statistical purposes.
5. The pending N/M is also disposed off accordingly.
Judge
17/01/2020
ST –
14406/19
Exh.2
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Ms. Sairuchita Chowdhary for plaintiff present.
Ld. counsel for plaintiff tendered application for
withdrawal of suit and N/M. T.O.R.
The application is signed by the proprietor of the plaintiff
and is on affidavit. The plaintiff wish to withdraw the
suit, hence it is expedient to pass the following order.
ORDER
1. Suit is disposed off as withdrawn.
2. No order as to cost.
3. Court fees be refunded to the plaintiff as per rules.
4. Suit be registered for statistical purposes.
5. The pending N/M is also disposed off accordingly.
Judge
-- 6 of 15 --
Noting : 17.01.2020 7 C. R. No. 01
17/01/2020
ST – 617/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. V.C. Singh for plaintiff present.
Draft N/M is tendered along with affidavit by the plaintiff.
Leave is granted to register it.
The matter is adjd for reply to N/M to 21.01.2020.
Judge
17/01/2020
SU- 3418/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Harshita Jangid for plaintiff present.
N/M along with supporting affidavit is tendered by Adv.
for plaintiff. Leave is granted to register it.
The matter is already adjd to 12.02.2020.
Judge
17/01/2020
SU- 4541/11
Exh.24
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Mahamane for deft. present.
Application for removal of N/M from the caption of
dismissal.
O. - Read application. Heard. Considering the reason, the
order of dismissal is recalled.
The matter is adjd for N/M hearing to 20.03.2020.
Judge
17/01/2020
SU- 2789/15
Exh.3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Mahamane for deft. present.
Application for removal of N/M from the caption of
dismissal.
O. - Read application. Heard. Considering the reason, the
order of dismissal is recalled.
The matter is adjd for N/M hearing to 20.03.2020.
Judge
-- 7 of 15 --
Noting : 17.01.2020 8 C. R. No. 01
17/01/2020
SU- 3033/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
On perusal of the record, it appears that there is no
Ch/sum pending in the present matter. Adv. Shailesh
Thakur appeared for deft. no.3. The suit was proceeded
ex-parte against the defendants. The roznama dated
28.09.2016 reflects that by the order of Hon'ble High
Court dated 21.08.2012, suit already stands disposed off
against deft. nos.1 and 2. The suit was proceeded
ex-parte against deft. no.3 though counsel for deft. no.3
appeared in the matter. The suit to proceed without W/S
of deft. no.3. Adjourned for evidence of plaintiff as a last
chance.
The matter is adjd for evidence to 23.03.2020 at
11.00 am.
Judge
17/01/2020
SU- 3993/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Authorized representative N.V. Singh for plaintiff present.
Plaintiff has filed service affidavit on previous date and
has only annexed the photocopy of the postal receipt.
There is no acknowledgment. Plaintiff to file detailed
affidavit with acknowledgements of service to the
proposed L.R.'s of deft. nos.1 and 4, except respondent
no.4(c) who appeared on previous date or otherwise, take
steps to serve the L.R.'s of deft. nos.1 and 4 except
respondent no.4(c).
Respondent no.4(c) failed to file reply to Ch/sum hence
Ch/sum no. 1610/19 to proceed without reply of
respondent no.4(c).
The matter is adjd for compliance and hearing on Ch/sum
to 06.03.2020.
Judge
17/01/2020
SU- 1058/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pandey for plaintiff present.
Adv. Kamble for defts. present.
Copy of amended plaint is supplied to counsel for
defendants.
Ld. counsel for the defts. seeks time to file additional W/S
and W/S of newly added defendant. Granted.
The matter is adjd for additional W/S to 11.03.2020 at
02.45 pm.
Judge
-- 8 of 15 --
Noting : 17.01.2020 9 C. R. No. 01
17/01/2020
Exe. Apln.
280/19
Exh.3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agrawal for DH present.
None present on behalf of JD.
K.B.
L.O.
Adv. Deepak Kushwaha for JD present.
He filed Vakalatnama. T.O.R.
O. - Seen and filed.
Adv. for JD submit that he does not wish to file reply and
will argue on the maintainability of execution application.
Hence, the matter is adjd for hearing to 13.02.2020.
Judge
17/01/2020
SU- 450/17
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Omkar Gavali for plaintiff present. Plaintiff present.
None for deft.
Plaintiff filed application for withdrawal of the suit.
ORDER BELOW EXH.1 AND EXH.4
Read application. Verified the contents of the application
from the plaintiff. Plaintiff wish to withdraw the suit with
liberty to file the fresh suit. No reason is assigned for
seeking liberty. Hence, liberty cannot be granted. The
plaintiff wish to withdraw the suit, hence it is expedient
to pass the following order.
ORDER
1. Suit is disposed off as withdrawn.
2. No order as to cost.
3. Court fees be refunded as per rules.
Judge
17/01/2020
SU- 2728/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. U.V. Singh for plaintiff present.
None for deft.
Last chance is granted to plaintiff to comply the order
dated 06.08.2019.
The matter is adjd for compliance to 11.03.2020 at
02.45 pm.
Judge
-- 9 of 15 --
Noting : 17.01.2020 10 C. R. No. 01
17/01/2020
SU- 6153/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Redekar for original deft. present.
The proceedings are stayed by the Hon'ble High Court
and R and P is sent to Hon'ble High Court.
The matter is adjd for hearing to 03.04.2020.
Judge
17/01/2020
Exe. Apln.
52/18
Exh.3
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
JD present.
None present for DH.
JD filed vakalatnama of his advocate Mishra.
O. - Seen and filed.
JD filed reply as regard maintainability of the present
execution application. T.O.R.
O. - Read and recorded.
The matter is adjd for hearing to 13.02.2020.
Judge
17/01/2020
SU- 2667/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Deft. present.
He submitted that transfer application is pending before
the Hon'ble Principal Judge and it is kept on 22.01.2020
hence, the matter is adjourned.
The matter is adjd for N/M order to 24.02.2020.
Judge
17/01/2020
SU- 828/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. J.P. Thakkar for deft. no.1 present.
Deft. no.2 in person present.
Heard plaintiff in person, deft. no.2 in person and counsel
for deft. no.1 on N/M.
The matter is adjd for order on N/M no.4065/19 to
04.02.2020.
Judge
-- 10 of 15 --
Noting : 17.01.2020 11 C. R. No. 01
17/01/2020
SU- 1699/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. K. Tiwari for plaintiff present.
Adv. Rapolu for deft. present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.3028/2016 stands rejected.
2. Cost in the cause.
3. N/M No.3028/2016 is disposed off accordingly.
The matter is adjd for issues to 24.02.2020.
Judge
17/01/2020
Exe. Apln.
372/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mirza for DH present.
None for JD.
F.R.S.R. following order is passed -
ORDER
1. Ch/sum No.1938/16 is made absolute in terms of
prayer clause (a).
2. No order as to cost.
3. Ch/sum No.1938/16 is disposed off accordingly.
The matter is adjd for hearing on Ch/sum to 05.02.2020.
Judge
17/01/2020
Exe. Apln.
373/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mirza for DH present.
None for JD.
F.R.S.R. following order is passed -
ORDER
1. Ch/sum No.1937/16 is made absolute in terms of
prayer clause (a).
2. No order as to cost.
3. Ch/sum No.1937/16 is disposed off accordingly.
The matter is adjd for hearing on Ch/sum to 05.02.2020.
Judge
-- 11 of 15 --
Noting : 17.01.2020 12 C. R. No. 01
17/01/2020
Exe. Apln.
381/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jinal Vani for applicant present.
Court is busy in passing order in other matters hence, the
matter is adjd for order to 18.01.2020.
Judge
17/01/2020
ST – 617/20
L.O.
Ld. counsel for plaintiff seeks liberty to serve the N/M to
deft. by short service through bailiff. O. - Granted.
The matter is already adjd for reply to N/M to
21.01.2020.
Judge
-- 12 of 15 --
Noting : 17.01.2020 13 C. R. No. 01
17/01/2020
SU- 3186/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hingu for plaintiff present.
Deft. nos.3 and 4 present.
Adv. Joglekar for deft. nos.5 to 17 present.
Adv. Joglekar tendered registered N/M no.4199/19 and
4214/19. T.O.R.
COMMON ORDER IN N/M NO.4199/19
AND N/M NO.4214/19
Heard.
The Ld. Counsel for the deft. nos.16(A) and 16(B)
submitted that these defendants were not aware about
the procedure. They came to know about their name as
defendants around April 2019. Their earlier advocate did
not return the documents. They appointed new advocate
and after obtaining certified copies of the proceedings,
they have filed the N/M's. They submit that the delay is
not deliberate and intentional.
Ld. counsel for plaintiff opposed the N/M on the count
that the defendants have not made out sufficient cause for
delay. The reasons are not supported by any material.
The matter was not cropped up for evidence. It was for
hearing of N/M of the plaintiff. Substantial rights of the
parties are involved. The contention of the deft.
nos.16(A) and 16(B) on oath that they were not aware
about the proceedings cannot be disbelieved when there
is no otherwise material to counter the same. There
should not be hyper-technical and pedantic approach in
dealing with such type of motions. It would be in the
interest of the parties if the defendant nos.16(A) and
16(B) are permitted to participate in the proceedings by
putting their defence. In the interest of justice, both these
motions need consideration. Hence, it is expedient to pass
the following order.
ORDER
1. N/M No.4199/19 is made absolute in terms of prayer
clause (a) and (b) subject to cost of Rs.5,000/- to be paid
to the plaintiff within a period of two weeks from today.
2. N/M No.4214/19 is made absolute in terms of prayer
clause (a) and (b) subject to cost of Rs.5,000/- to be paid
to the plaintiff within a period of two weeks from today.
3. Payment of cost is subject precedent.
4. On compliance of the order, written statements be
taken on record.
-- 13 of 15 --
Noting : 17.01.2020 14 C. R. No. 01
Contd... 5. N/M No.4199/19 and N/M No.4214/19 are disposed
off accordingly.
The matter is adjd for compliance and N/M hearing to
18.03.2020.
Judge
-- 14 of 15 --
Noting : 17.01.2020 15 C. R. No. 01
17/01/2020
SU- 63/20
Exh.10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hiremath for plaintiff present.
Deft. in person present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.4424/19 is made absolute in terms of prayer
clause (a) and thereby the defendant is restrained from
making any defamatory or disseminating communication
with the plaintiff company or with the senior
functionaries either by email or any other manner
whatsoever.
2. Cost in the cause.
3. N/M No.4424/19 is disposed off accordingly.
Application for dismissal of suit.
ORDER BELOW EXH.10
Read application. Heard. The defendant has not
complied the order dated 29.07.2019 and has not
deposited the cost of Rs.2,000/-. At the face, the
application is not maintainable at this count itself. The
suit is registered and therefore, the prayer of dismissal of
suit for not removing office objection is also not
maintainable. The other grounds taken by the defendant
for dismissal of the suit are not maintainable and without
any supporting material. Hence, application (Exh.10)
needs no consideration and it is expedient to pass the
following order.
ORDER
1. Application (Exh.10) stands rejected.
2. Defendant is directed to desist from making such
application.
3. Application (Exh.10) is disposed off accordingly.
The deft. submitted that reply filed be treated as written
statement. It is already marked as Exh.4. O. - Read and
recorded.
The matter is adjd for issues to 07.02.2020.
Judge
Completed.
-- 15 of 15 --