Final Order 1

Order Details: Other
Pdf Text: Noting : 07.10.2020 1 C. R. No. 01
07/10/2020
Stamp No.
4101/20
Exh.3
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dharmesh Joshi for plaintiff present.
Adv. Nilima for defts. present.
She files vakalatnama on behalf of deft. nos.2 to 11.
T.O.R. O. - Seen and filed.
Pursis filed on behalf of defendants opposing the
Commissioner's report.
O. - Seen and filed.
Ld. counsel for plaintiff tenders no objection on
Commissioner's report.
Ld. counsel for plaintiff tendered registered N/M
No.1409/20. T.O.R.
The matter is adjd for hearing to 16.10.2020.
Judge
07/10/2020
Review
Petition
24/20 in
SU – 7449/80
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 23.11.2020.
Judge
07/10/2020
SU- 2075/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.12.2020.
Judge
07/10/2020
SU- 2364/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.12.2020.
Judge
07/10/2020
SU- 2187/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.12.2020.
Judge
07/10/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 1 of 9 --
Noting : 07.10.2020 2 C. R. No. 01
SU- 4290/13 Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.12.2020.
Judge
07/10/2020
SU- 2806/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.01.2021.
Judge
07/10/2020
Exe. Apln.
107/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.12.2020.
Judge
07/10/2020
SU- 1487/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.12.2020.
Judge
07/10/2020
SU- 1935/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 07.12.2020.
Judge
07/10/2020
SU- 3345/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 07.12.2020.
Judge
07/10/2020
SU- 1330/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 07.12.2020.
Judge
07/10/2020
SU- 5202/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 07.12.2020.
Judge
07/10/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 2 of 9 --
Noting : 07.10.2020 3 C. R. No. 01
SU- 1699/16 Both the parties are absent. Due to Covid-19, the matter
is adjourned to 07.12.2020.
Judge
07/10/2020
SU- 1987/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 07.12.2020.
Judge
07/10/2020
SU- 165/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 07.12.2020.
Judge
07/10/2020
SU- 1800/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gopal Jaitly h/f. Adv. Saraogi for the plaintiff
present.
None for deft.
F.R.S.R. following order is passed in N/M No.2964/18 -
ORDER
1. N/M No.2964/2018 stands rejected.
2. Costs in the cause.
F.R.S.R. following order is passed in N/M No.3712/18 -
ORDER
1. N/M No.3712/2018 stands rejected.
2. Costs in the cause.
F.R.S.R. following order is passed in N/M No.3111/19 -
ORDER
1. N/M No.3111/2019 stands rejected.
2. Costs in the cause.
The matter is adjd for issues to 06.01.2021.
Judge
07/10/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 3 of 9 --
Noting : 07.10.2020 4 C. R. No. 01
SU- 1801/18 Adv. Gopal Jaitly h/f. Adv. Saraogi for the plaintiff
present.
None for deft.
F.R.S.R. following order is passed in N/M No.2953/18 -
ORDER
1. N/M No.2953/2018 stands rejected.
2. Costs in the cause.
F.R.S.R. following order is passed in N/M No.3676/18 -
ORDER
1. N/M No.3676/2018 stands rejected.
2. Costs in the cause.
F.R.S.R. following order is passed in N/M No.3113/19 -
ORDER
1. N/M No.3113/2019 stands rejected.
2. Costs in the cause.
The matter is adjd for issues to 06.01.2021.
Judge
07/10/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 4 of 9 --
Noting : 07.10.2020 5 C. R. No. 01
Stamp No.
4532/20
Adv. Saraogi for plaintiff present.
None for deft.
He submitted that he will file service affidavit on next
date.
The matter is adjd for affidavit of service to 13.10.2020.
Judge
07/10/2020
Stamp No.
4020/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Saraogi for plaintiff present.
None for deft.
Affidavit of service filed by Adv. for plaintiff. T.O.R.
The matter is adjd for arguments to 09.10.2020.
Judge
07/10/2020
Stamp No.
4019/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Saraogi for plaintiff present.
Adv. Hariya for deft. nos.1, 2, 3, 4 and 6 present.
Adv. Prajyot Jaggi for deft. no.7 present.
Ld. counsel for plaintiff files rejoinder to the reply of deft.
no.1, 2, 3, 4 and 6 to his motion. T.O.R. He also filed
supporting affidavit of one Vinayak Gawande, copy of
which, is supplied to the counsel for deft. nos.1, 2, 3, 4
and 6.
Ld. counsel for deft. nos.1, 2, 3, 4 and 6 tenders draft N/
M of deft. no.1. Leave is granted to register. He also filed
additional affidavit of reply of deft. no.1. T.O.R.
Copy is supplied to counsel for the plaintiff. He
undertakes to supply copy to the counsel for deft. no.7.
The matter is adjd for reply and hearing to 13.10.2020.
Judge
07/10/2020
Stamp No.
4378/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Saraogi for plaintiff present.
Adv. Hariya for deft. present.
Ld. counsel for the plaintiff filed rejoinder to the reply of
deft. to his motion. T.O.R.
Copy of the rejoinder is supplied to the counsel for deft.
The matter is adjd for hearing on N/M to 13.10.2020.
Judge
07/10/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 5 of 9 --
Noting : 07.10.2020 6 C. R. No. 01
Stamp No.
4536/20
By preceipe.
Adv. Prajyot Jaggi for plaintiff present.
None for defts.
Ld. counsel for plaintiff submitted that defendants are
duly served and he will file service affidavit on next date.
The matter is adjd for service affidavit to 13.10.2020.
Judge
07/10/2020
SU- 7577/81
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 22.10.2020.
Judge
07/10/2020
SU- 3237/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 11.11.2020.
Judge
07/10/2020
SU- 327/90
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 23.10.2020.
Judge
07/10/2020
SU- 3722/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties are absent. Due to Covid-19, the matter
is adjourned to 05.12.2020.
Judge
-- 6 of 9 --
Noting : 07.10.2020 7 C. R. No. 01
07/10/2020
SU- 229/19
Exh.9
Exh.10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yashvi Panchal for plaintiff present.
Adv. Neel Gala for deft. nos.1 to 10 present.
Consent terms was tendered on previous date but it was
inadvertently not marked as exhibit, hence, it is marked
as Exh.8.
Adv. for plaintiff tenders the resolution of the plaintiff
company dated 05.10.2020. T.O.R.
Counsel for the deft. nos. 1 to 10 has produced the
general power of attorney executed by deft. no.1 and 3 to
10 in favor of deft. no.2 for verification with the
photocopy attached to the consent terms.
After verification, the original is handed over to the
counsel for the defendants.
Deft. no.11 Gulab Dungarshi Shah and Chhaya Gulab
Shah appeared before this court. They filed an application
seeking permission to sign the consent terms and they
submitted before this court that they are ready to
compromise the matter. Along with the application, they
have filed their ID proofs.
ORDER BELOW EXH.10
Permission is granted to deft. no.11 to sign the consent
terms.
ORDER BELOW EXH.1 AND EXH.8
Plaintiff and defendants have filed the consent terms. I
have verified Mr. Niraj Mansukhlal Ved, Director of
plaintiff, deft. no.2 for himself and as power of attorney of
deft. no.1 and deft. nos.3 to 10 and deft. no.11 Gulab
Shah and Chhaya Shah. They reiterated on verification
that they agreed to terms of the consent terms (Exh.8)
and prayed for passing decree in terms of the consent
terms. Hence, it is expedient to pass the following order.
ORDER
1. Suit is decreed in terms of consent terms (Exh.8).
2. It is made clear that consent terms decree is not
binding on Hemlata Pravid Nagda and Mittal Bhavin
Nagda as they are not parties to the suit.
3. It is also made clear that the consent terms decree is
not binding to the parties for proceeding with the criminal
prosecution as per law.
4. Parties to bear their own costs.
5. Consent terms (Exh.8) be the part of the decree.
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Noting : 07.10.2020 8 C. R. No. 01
Contd...
SU- 229/19
6. Pending notice of motions and applications, if any,
being infructuous, are disposed off accordingly.
( Authenticated copy of the order be supplied to the
parties. )
Judge
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Noting : 07.10.2020 9 C. R. No. 01
Completed.
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