Final Order 1

Order Details: Notice of Motion
Pdf Text: Noting : 26.02.2020 1 C. R. No. 01
26/02/2020
SU- 2650/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rahul Bhosle for plaintiff present.
None for deft.
Matter is for dismissal order. Adjourned for dismissal
order.
The matter is adjd for dismissal to 24.04.2020.
Judge
26/02/2020
SU- 7758/97
Exh.40
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Laxminarayan Shukla for plaintiff present.
Adv. Abhishek Yadav for deft. no.1 present.
Adv. Maya Sarkar for deft. no.2 present.
Adv. for plaintiff filed application for removing the matter
from dismissal caption.
O. - Read application. In the interest of justice, matter is
removed from the caption of dismissal order.
The matter is adjd for evidence to 19.03.2020.
Judge
26/02/2020
SU- 2417/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Matter is for dismissal order. Adjourned for dismissal
order.
The matter is adjd for dismissal to 23.04.2020.
Judge
26/02/2020
SU- 8123/96
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Maya Sarkar for plaintiff present.
Adv. Laxminarayan Shukla for deft. nos.1 and 2 present.
Adv. Abhishek Yadav for deft. no.3 present.
Ld. counsel for the parties submitted that the matter was
taken up before the Hon'ble High Court on 25.02.2020.
The parties made the statement before the Hon'ble High
Court which was recorded that they will not proceed with
the matter till 17.03.2020, hence matter is adjourned for
evidence.
The matter is adjd for evidence to 19.03.2020.
Judge
-- 1 of 11 --
Noting : 26.02.2020 2 C. R. No. 01
26/02/2020
SU- 121/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Neelam Yadav for plaintiff present. Plaintiff present.
Adv. Suresh Surve for defts. present.
Parties seek the time to complete the formalities in the
consent terms. Adjourned for passing order on mediation
report and consent terms.
The matter is adjd for settlement to 05.03.2020.
Judge
26/02/2020
SU- 697/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for evidence of plaintiff as last chance.
The matter is adjd for evidence to 19.06.2020.
Judge
26/02/2020
SU- 976/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. M. Shah for deft. present.
Since long, the matter is pending for evidence of plaintiff.
Plaintiff failed to adduce evidence. Hence, put for
dismissal order.
The matter is adjd for dismissal to 19.06.2020.
Judge
26/02/2020
SU- 1688/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Komal Gupta for plaintiff present.
Adv. Shashidharan for deft. nos.1 to 6 and 8 present.
Ld. counsel for plaintiff seeks adjournment. Already last
chance was granted on couple of occasions. Hence,
request for adjournment is rejected. Put matter for
dismissal order.
The matter is adjd for dismissal to 16.06.2020.
Judge
26/02/2020
SU- 4219/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Siddharth Chandrashekhar for plaintiff present.
None for deft.
Adv. for plaintiff filed draft issues. T.O.R.
The matter is adjd for framing issues to 02.05.2020.
Judge
-- 2 of 11 --
Noting : 26.02.2020 3 C. R. No. 01
26/02/2020
SU- 1635/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Reshma for deft. no.1 present.
The matter is adjd for framing issues to 20.06.2020.
Judge
26/02/2020
SU- 2172/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mohd. Younus for plaintiff present.
Adv. Bhavesh Wadhwani i/b. Pranjali Bhandari for deft.
no.1 present.
The matter is adjd for framing issues to 20.06.2020.
Judge
26/02/2020
SU- 6575/06
Exh.52
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Joshi for plaintiff present.
Adv. Chaitali Jadhav for deft. present.
Application for issuance of witness summons.
O. - Read application. Issue witness summons to the
witness J.G. Pawar on deposit of requisite witness bhatta
and witness to bring the record called with summons.
Application (Exh.52) is disposed off accordingly.
The matter is adjd for evidence to 24.03.2020.
Judge
26/02/2020
SU- 4381/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shastri for plaintiff present.
Adv. Das for deft. no.28 present.
Adv. Priyanka Bhadrashete for deft. nos.5, 7, 8, 13, 17,
22, 26, 27, 36 and 37 present.
Ld. counsel for plaintiff seeks time to take steps to serve
writ of summons to deft. nos.20, 31, 32 and 33. Granted
as last chance. In case, plaintiff failed to serve these
defts., the suit will be dismissed against these defts.
The matter is adjd for affidavit of service to 15.04.2020.
Judge
-- 3 of 11 --
Noting : 26.02.2020 4 C. R. No. 01
26/02/2020
SU- 2192/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shastri for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file affidavit of
service. Granted.
The matter is adjd for affidavit of service to 15.04.2020.
Judge
26/02/2020
COMM
SU- 63/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashwini Barve for plaintiff present.
Adv. Jyoti Sanap for deft. no.1 present.
Ld. counsel for deft. no.1 seeks time to file W/S and reply
to N/M. Granted.
Plaintiff to take steps to serve deft. no.2.
The matter is adjd for filing W/S, reply to N/M by deft.
no.1 and service to deft. no.2 to 16.03.2020.
Judge
26/02/2020
SU- 2282/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Manisha Munde for plaintiff present.
Deft. no.3 present.
Mediation report is received. T.O.R.
Ld. counsel for plaintiff seeks time for compliance.
Granted.
The matter is adjd for settlement to 15.04.2020.
Judge
26/02/2020
SU- 3226/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Redekar for defts. present. Deft. no.3 present.
Already last chance was granted to supply affidavit of
evidence and compilation of documents to defts. but
neither plaintiff nor his advocate is present and the
matter is for compliance of order of this court. Put matter
for dismissal order.
The matter is adjd for dismissal to 24.04.2020.
Judge
-- 4 of 11 --
Noting : 26.02.2020 5 C. R. No. 01
26/02/2020
SU- 3190/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Reshmi Parab along with Tiwari for plaintiff present.
Adv. Virendra Kanojia for deft. nos.1 and 3 present.
Witness present.
Court is busy in hearing final argument in suit
no.9650/90.
The matter is adjd for evidence to 16.03.2020.
Judge
26/02/2020
SU- 1414/15
Exh.34
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hegde for plaintiff present.
Adv. Satish Mande for deft. no.1 present.
Verification of PW-3 is completed.
Cross examination of PW-3 is resumed and completed by
Adv. Satish Mande for deft. no.1.
Evidence closing pursis filed by Adv. for plaintiff.
O. - Seen and filed.
The matter is adjd for evidence of deft. to 23.03.2020.
Judge
26/02/2020
SU- 7305/01
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Giriraj for plaintiff present.
Adv. Gyani for deft. present.
Ld. counsel for deft. submitted that witness is unavailable
due to urgent work hence seeks adjournment. Granted.
The matter is adjd for evidence to 03.04.2020.
Judge
26/02/2020
SU- 3270/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chaurasiya for plaintiff present.
Adv. Dhiraj Rathod for deft. no.1 present.
Witness present.
Court is busy in hearing final argument in suit
no.9650/90.
The matter is adjd for evidence to 02.04.2020.
Judge
-- 5 of 11 --
Noting : 26.02.2020 6 C. R. No. 01
26/02/2020
SU- 9650/90
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agrawal for plaintiff present. Plaintiff present.
Adv. Chitnis for deft. no.6 present. Deft. no.6 present.
Partly heard arguments of Adv. Agrawal.
The matter is adjd for further arguments to 03.03.2020.
Judge
26/02/2020
COMM
SU- 138/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
L.O.
None for plaintiff.
Adv. Jyoti Agarwal for deft. no.1 present.
Adv. for deft. no.1 tendered registered N/M no.782/2020.
T.O.R.
Deft. no.1 undertakes to serve registered N/M to the
plaintiff.
The matter is adjd for service of N/M and reply to
11.03.2020.
Judge
26/02/2020
SU- 155/19
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shrivastav h/f. Adv. Jaggi for plaintiff present.
Adv. Mukharjee for deft. no.1 present.
Adv. Shaikh for deft. no.7 present.
Adv. for deft. no.7 filed memo of appearance.
O. - Seen and filed.
Plaintiff is granted last chance for filing service affidavit
in respect of service to deft. nos.2 to 6, 8 and 9.
The matter is adjd for affidavit of service to 20.04.2020.
Judge
26/02/2020
SU- 2552/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dubey for plaintiff present.
None present for deft. no.2.
Adv. Suryavanshi for deft. no.3 present.
Heard arguments on N/M no.3381/19.
The matter is adjd for order on N/M no.3381/19 to
11.03.2020.
Judge
-- 6 of 11 --
Noting : 26.02.2020 7 C. R. No. 01
26/02/2020
SU- 102/19
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shrivastav for plaintiff present.
Adv. Akshita Jain for deft. present.
Ld. counsel for deft. submitted that deft. has complied the
order of this court. She files copy of the letter whereby
the cheque was issued to the plaintiff. It appears that
deft. has complied the order, hence W/S is taken on
record.
W/S of deft.
O. - Read and recorded.
The matter is adjd for N/M hearing to 18.03.2020.
Judge
26/02/2020
SU- 3093/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Plaintiff has not tendered registered N/M no.406/2019 on
the record in-spite of direction. Hence, N/M No.406/19 is
dismissed for want of compliance.
The plaintiff failed to take steps to serve writ of summons
to deft. nos.2 and 3 and failed to file compliance affidavit,
hence suit is dismissed against deft. nos.2 and 3.
The matter is adjd for evidence to 21.04.2020.
Judge
26/02/2020
SU- 1400/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nargis Khan for plaintiff present.
None for deft.
Plaintiff filed service affidavit. The postal endorsement
on the envelope shows that it is unclaimed hence it is not
good service. Plaintiff to take efforts to serve defts.
The matter is adjd for affidavit of service to 29.04.2020.
Judge
-- 7 of 11 --
Noting : 26.02.2020 8 C. R. No. 01
26/02/2020
SC - 760/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
PP Chheda for State present.
Accused nos.1 to 4 produced from J/C.
Adv. Dhara Mehta h/f Adv. Wahab Khan for accused no.2
and 3 present.
Adv. Mr. Salunkhe for accused no.4 present.
PC 090333 attached to Mahim P. Stn present.
Partly dictated.
The matter is adjd for judgment to 05.03.2020.
Judge
26/02/2020
SC – 378/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
PP Chheda for State present.
Accused on bail present.
Adv. Mr. Salunkhe for accused present.
PC 090333 attached to Mahim P. Stn present.
Partly dictated.
The matter is adjd for judgment to 05.03.2020.
Judge
-- 8 of 11 --
Noting : 26.02.2020 9 C. R. No. 01
26/02/2020
SU- 3845/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Raje for plaintiff present.
Adv. Meera Wagh for deft. present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.2707/18 stands rejected.
2. Cost in the cause.
3. N/M No.2707/18 is disposed off accordingly.
The matter is adjd for issues to 22.04.2020.
Judge
26/02/2020
SU- 2452/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tejani for plaintiff present.
Adv. Chaudhari for deft. nos.1, 2 to 10, 12 and 13
present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.471/18 stands rejected.
2. Cost in the cause.
3. N/M No.471/18 is disposed off accordingly.
The matter is adjd for issues to 22.04.2020.
Judge
-- 9 of 11 --
Noting : 26.02.2020 10 C. R. No. 01
26/02/2020
COMM SU- 45/19
Exh.14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shinde for plaintiff present.
Adv. for plaintiff filed application for issuing witness
summons.
ORDER BELOW EXH.14
Read application. Heard. The Ld. Counsel for plaintiff
submitted that the plaintiff wish to examine the witness
Amol Gavli who had recorded the statement during the
inquiry under section 202 Cr.P.C.
The final argument was heard on 21.02.2020 and matter
was placed for judgment on 24.02.2020. On that date,
counsel for plaintiff tendered some judgments, therefore
the matter was adjourned to 26.02.2020 for judgment.
This application is made after placing the matter for
judgment.
The contention of the plaintiff is that certain documents
were not marked exhibit and the plaintiff was under the
belief that those documents are marked exhibit. The issue
of limitation was raised during the arguments of the
plaintiff and the plaintiff was called upon to convince the
court on the point of limitation. He would submit that
the plaintiff could not locate the witness in-spite of due
diligence and now the witness is traced out and therefore,
he seeks indulgence of this court to examine the witness.
In support of his contention, he placed reliance upon
judgment of Hon'ble Supreme Court in case of K.K.
Velusamy V/s. N. Palanisamy reported in 2011 (2)
Supreme 667. I had given conscious consideration to the
law laid down by Hon'ble Apex Court. The Hon'ble Apex
Court has held that “
But if there is a time gap between
the completion of evidence and hearing of the arguments,
for whatsoever reason, and if in that interregnum, a party
comes across some evidence which he would not lay his
hands earlier, or some evidence in regard to the conduct
or action of the other party comes into existence, the
court may in exercise of its inherent power under section
151 of the Code, permit the production of such evidence
if it is relevant and necessary in the interest of justice,
subject to such terms as the court may deem fit to
impose.”
I had considered the law laid down in above cited
judgment. In case in hand, evidence of plaintiff was
completed on 20.02.2020 and the matter was adjourned
-- 10 of 11 --
Noting : 26.02.2020 11 C. R. No. 01
contd...
COMM SU- 45/19
Exh.15
Exh.16
for argument on 21.02.2020. The matter was heard on
21.02.2020 and fixed for judgment on 24.02.2020 and
subsequently, on 26.02.2020. It appears that the time gap
from the closing of evidence till date is of 6 days and it
cannot be said to be a huge time gap. As held by the
Hon'ble Apex Court in the above cited judgment, the
court can exercise inherent power u/s.151 of the Code to
permit the production of evidence. The matter is not
contested by the defendants. No prejudice would be
caused as the matter is ex-parte against the deft. In the
interest of justice, an opportunity is granted to plaintiff to
adduce the evidence, hence it is expedient to pass the
following order.
ORDER
1. Application (Exh.14) is allowed.
2. Issue witness summons to the witness on the address
mentioned in the application on payment of witness
bhatta as per rules.
3. Application (Exh.14) is disposed off accordingly.
List of additional documents filed by plaintiff. T.O.R.
O. - The document is certified copy of the order of Ld.
Magistrate. It is a public document, hence it is marked as
Exh.16.
Certified copy of order dated 09.05.2017.
The matter is adjd for evidence to 04.03.2020.
Judge
Completed.
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