Final Order 1

Order Details: Notice of Motion
Pdf Text: Noting : 04.03.2020 1 C. R. No. 01
04/03/2020
SU- 26/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kaustubh Patil for plaintiff present.
None for deft.
Matter is for dismissal. Put it for dismissal order.
The matter is adjd for dismissal to 20.03.2020.
Judge
04/03/2020
SU- 699/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. A.K. Tiwari for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time. Matter is adjourned
for evidence.
The matter is adjd for evidence to 23.04.2020.
Judge
04/03/2020
SU- 3508/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kapadia for plaintiff present.
Adv. Mehul Thakkar for deft. present.
Ld. counsel for plaintiff seeks adjournment. Already last
chancel was granted to plaintiff. Put case for dismissal
order.
The matter is adjd for dismissal to 27.04.2020.
Judge
04/03/2020
SU- 4254/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prit Chheda for plaintiff present.
Adv. Anand Narayan for deft. present.
Draft Ch/sum tendered by deft. Leave is granted to
register.
The matter is adjd for reply to Ch/sum to 26.03.2020 at
02.45 pm.
Judge
-- 1 of 15 --
Noting : 04.03.2020 2 C. R. No. 01
04/03/2020
SU- 4497/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present. Adv. Vikas Singh for plaintiff present.
Adv. Nisha Shah for deft. nos.2 and 3 present.
Ld. counsel for plaintiff submitted that the original
documents of the suit property are in the proceedings i.e.
criminal appeal pending before the Hon'ble High Court.
The plaintiff has applied for procuring those documents
with the registry of Hon'ble High Court. It will take time
and therefore, he seeks adjournment. Granted.
The matter is adjd for hearing to 30.03.2020.
Judge
04/03/2020
SU- 993/13
Exh.42
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Lad for plaintiffs present.
Adv. Redekar for deft. nos.1 to 10, 12 to 18 present.
Pursis filed by Adv. for defendants.
O. - Seen and filed.
By pursis (Exh.42), the defendants intimated this court
that deft. no.1 passed away on 03.03.2020. Plaintiff to
take steps.
The matter is adjd for steps/arguments to 12.03.2020.
Judge
04/03/2020
COMM SU- 45/19
Exh.17
Exh.18 colly.
Exh.19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pankaj Shinde for plaintiff present.
Deposition of PW-2 Amol Gokul Gawli.
Examination in chief is resumed by Adv. Shinde.
The certified copies of statements.
Examination in chief is completed by Adv. Shinde.
As matter is ex-parte, hence no cross examination.
Evidence of PW-2 is completed.
Evidence closing pursis filed by Adv. For plaintiff.
O. - Seen and filed.
The matter is adjd for arguments to 17.03.2020.
Judge
-- 2 of 15 --
Noting : 04.03.2020 3 C. R. No. 01
04/03/2020
SU- 3650/09
Exh.24
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sawla for plaintiff present.
Adv. Vaishali Ugale for deft. nos.2 to 9 present.
Affidavit of evidence of PW-2 Jayant alias Jayubhai
Bhanushankar Mehta.
Verification of PW-2 is completed.
Ld. counsel for plaintiff submitted that plaintiff has paid
the cost to the defendants. The counsel for defendants
admit the same.
Copy of affidavit of evidence is served to counsel for deft.
nos.2 to 9.
The matter is adjd for cross examination to 02.04.2020 at
12.00 noon.
Judge
04/03/2020
SU- 3666/09
Exh.24
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sawla for plaintiff present.
Adv. Vaishali Ugale for deft. nos.2 to 9 present.
Affidavit of evidence of PW-2 Jayant alias Jayubhai
Bhanushankar Mehta.
Verification of PW-2 is completed.
Ld. counsel for plaintiff submitted that plaintiff has paid
the cost to the defendants. The counsel for defendants
admit the same.
Copy of affidavit of evidence is served to counsel for deft.
nos.2 to 9.
The matter is adjd for cross examination to 02.04.2020 at
12.00 noon.
Judge
04/03/2020
SU- 7047/05
Exh.28
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Dipali Majethiya for deft. nos.3 to 5 present.
Ld. counsel for deft. nos.3 to 5 filed pursis intimating that
deft. no.2 passed away on 24.02.2020. The copy of pursis
supplied to counsel for plaintiff along with names of legal
heirs of deft. no2. Plaintiff to take steps.
The matter is adjd for steps to 30.03.2020.
Judge
-- 3 of 15 --
Noting : 04.03.2020 4 C. R. No. 01
04/03/2020
SU- 7485/83
Exh.59
Exh.60
Exh.60-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dalal for plaintiff present.
Adv. Almeda for deft. no.6 present.
Adv. Ashish Ghadge for deft. nos.1(b), 2 and 4 present.
Deft. no.2 present.
Affidavit of evidence of DW-2 Haresh Chetan Thadhani.
Additional Compilation of documents.
O. - Call say of plaintiff.
Affidavit of additional documents on behalf of defendants.
O. - Seen.
Verification of DW-2 is completed.
The matter is adjd for say on Exh.60 to 17.03.2020.
Judge
04/03/2020
SU- 1074/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kaushal Udeshi for plaintiff present.
Adv. Jacqueline D'silva for deft. present.
Ld. counsel for plaintiff submitted that four days ago,
plaintiff passed away and seeks time to take steps.
Granted.
The matter is adjd for steps to 15.04.2020.
Judge
04/03/2020
COMM
SU- 24/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Plaintiff failed to file affidavit of service. Put for order.
The matter is adjd for order to 26.03.2020.
Judge
04/03/2020
SU- 471/17
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Asif Hussain h/f. Nitesh Acharya for plaintiff present.
Adv. Barve for deft. nos.1 and 2 present.
Adv. for plaintiff filed application to remove the matter
from dismissal caption.
O. - Read application. In the interest of justice, matter is
removed from the caption of dismissal order.
There is element of settlement in the matter hence, the
matter is referred for mediation.
The matter is adjd for mediation report to 21.04.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 4 of 15 --
Noting : 04.03.2020 5 C. R. No. 01
SU- 470/17 Adv. Asif Hussain h/f. Nitesh Acharya for plaintiff present.
Adv. Barve for deft. nos.1 and 2 present.
There is element of settlement in the matter hence, the
matter is referred for mediation.
The matter is adjd for mediation report to 21.04.2020.
Judge
04/03/2020
SU- 472/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Asif Hussain h/f. Nitesh Acharya for plaintiff present.
Adv. Barve for deft. nos.1 and 2 present.
There is element of settlement in the matter hence, the
matter is referred for mediation.
The matter is adjd for mediation report to 21.04.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 5 of 15 --
Noting : 04.03.2020 6 C. R. No. 01
SU- 7545/06
Exh.21
Adv. Karandikar for plaintiff present. PW-1 present.
Adv. Mitesh Jain for deft. no.1 present.
Adv. Patil for deft. nos.2 to 8 present.
Adv. for deft. no.1 filed application for adjournment.
O. - Call say of plaintiff.
Say filed by adv. for plaintiff.
ORDER BELOW EXH.21
Read application and say. Heard. PW-1 is present.
Already last chance was granted to deft. no.1 to cross
examine the witness. The grounds for adjournment are
not justifiable. Hence, application needs no consideration.
Application stands rejected.
Right of defendant no.1 to cross examine PW-1 is
forfeited.
Ld. counsel for deft. nos.2 to 8 seeks time for cross
examination of PW-1. He would submit that the matter
was for cross examination by deft. no.1 and therefore,
deft. nos.2 to 8 were not ready. Granted last chance to
deft. nos.2 to 8 to cross examine PW-1.
The matter is adjd for cross examination of PW-1 by deft.
nos.2 to 8 to 23.03.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 6 of 15 --
Noting : 04.03.2020 7 C. R. No. 01
SU- 1288/16 Adv. Babu for plaintiff present.
Court is busy in hearing final arguments in Su 5107/07
and other matters.
The matter is adjd for judgment to 14.03.2020.
Judge
04/03/2020
SU- 4939/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for plaintiff present.
Adv. Naveli for deft. nos.3 and 4 present.
Ld. counsel for plaintiff submitted that the witness has
not turned up. He would submit that he will take the
steps for serving the fresh witness summons.
The matter is adjd for evidence to 30.03.2020.
Judge
04/03/2020
SU- 1042/13
Exh.49
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashish Singh for plaintiff present.
Adv. Gole for defts. Present. Defts. present.
Adv. for plaintiff filed application for adjournment.
O. - Read application. When the matter was called, the
Ld. Counsel for plaintiff informed that the witness is on
the way. The counsel for defendants along with
defendants is present since morning. In the interest of
justice, adjournment is granted subject to cost of
Rs.2,000/- as a last chance.
The matter is adjd for evidence to 12.03.2020.
Judge
04/03/2020
COMM
SU- 93/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rahul Chaube for plaintiff present. Plaintiff present.
None for deft.
Adv. for plaintiff filed reply to N/M No.780/20. T.O.R.
K.B.
L.O.
None for deft.
The matter is adjd for hearing on N/M no.780/20 to
18.03.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 7 of 15 --
Noting : 04.03.2020 8 C. R. No. 01
SU- 3803/13 Adv. Contractor for plaintiff present.
Adv. Fatima for deft. present.
Adv. for deft. filed say on Exh.9.
The matter is adjd for hearing on Exh.9 to 09.04.2020 at
11.00 am.
Judge
04/03/2020
SU- 2232/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Plaintiff has not filed affidavit of service and it appears
that plaintiff has not taken steps to serve deft. no.2. Put
the case for dismissal against deft. no.2.
The matter is adjd for dismissal against deft. no.2 to
18.06.2020.
Judge
04/03/2020
SU- 2281/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pramod Pandey for plaintiff present.
Adv. Patankar for deft. present.
Ld. counsel for deft. seeks time for argument on N/M
no.3531/18. Granted.
The matter is adjd for N/M hearing to 28.04.2020.
Judge
04/03/2020
SU- 125/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vatsal Shah for plaintiff present.
Adv. Seegarla for deft. present.
Ld. counsel for plaintiff and deft. submitted that they are
in the process of appointment of arbitrator. By consent,
the matter is adjourned for hearing on N/M.
The matter is adjd for N/M hearing to 10.06.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 8 of 15 --
Noting : 04.03.2020 9 C. R. No. 01
SU- 8405/94 Adv. Waghmare for plaintiff present.
Adv. Bobde for deft. present.
Ld. counsel for deft. tendered reply to N/M no.65/20.
T.O.R.
Copy is supplied to counsel for plaintiff.
Ld. counsel for plaintiff seeks time to file rejoinder.
Granted.
The matter is adjd for rejoinder to N/M/hearing to
20.03.2020.
Judge
04/03/2020
SU- 2471/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
President of plaintiff Mr. Anthony Menezes present.
Adv. Giriraj for deft. no.3 present.
Plaintiff failed to file reply to N/M no.3773/19. Already
last chance was granted hence N/M No.3773/19 to
proceed without reply of plaintiff.
The matter is adjd for N/M hearing to 17.04.2020.
Judge
04/03/2020
SU- 3414/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Priti Singh for plaintiff present.
Adv. Karuna Tiwari for deft. nos.1 to 4 present.
Reply filed by deft. nos.1 to 4. T.O.R.
Affidavit of service filed by Adv. for plaintiff. T.O.R.
It appears from service affidavit that N/M is duly served
upon to original deft. nos.5 and 6, but they failed to
appear and file reply hence N/M No.3632/19 to proceed
without reply of original deft. nos.5 and 6.
The matter is adjd for hearing on N/M to 23.04.2020.
Judge
04/03/2020
SU- 1520/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. O.P. Singh for plaintiff present.
Adv. Ajit Hodge for deft. present.
Reply filed by deft. to N/M. T.O.R.
Copy is supplied to adv. for plaintiff.
The matter is adjd for N/M hearing to 22.04.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 9 of 15 --
Noting : 04.03.2020 10 C. R. No. 01
SU- 2256/18 Adv. Hasan Khan for plaintiff present.
Adv. Deepak Pandey for deft. nos.1 to 3 present.
Adv. Rishi Bhat for deft. no.4 present.
Registered N/M No.654/20 tendered by Adv. for plaintiff.
T.O.R.
The plaintiff not pressed the N/M no.654/20. As the N/M
no.654/20 is not pressed, the same is filed.
Draft Ch/sum tendered by plaintiff. Leave is granted to
register.
Copy is supplied to counsel for deft. nos.1 to 3.
Counsel for plaintiff undertakes to supply copy to counsel
for deft. no.4.
The matter is adjd for reply to Ch/sum to 02.04.2020.
Judge
04/03/2020
SU- 3067/19
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Singh for plaintiff present.
Adv. Jafrey for defts. present.
Written statement filed by defts.
O. - Read and recorded.
Ld. counsel for defts. submitted that the W/S be treated
as reply to N/M.
There is element of settlement in the matter, hence, the
matter is referred for mediation.
The matter is adjd for mediation report to 20.04.2020 at
02.45 pm.
Judge
04/03/2020
Exe. Apln.
372/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mirza for DH present.
Adv. Himanshu Takke for JD no.2(c) present.
The matter is adjd for hearing to 07.04.2020.
Judge
04/03/2020
Exe. Apln.
373/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mirza for DH present.
Adv. Himanshu Takke for JD no.2(c) present.
The matter is adjd for hearing to 07.04.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 10 of 15 --
Noting : 04.03.2020 11 C. R. No. 01
SU- 954/14
Exh.7-A
Plaintiff present.
Adv. Mirashi for deft. no.1 present.
Adv. for deft. no.1 filed say on Exh.7. T.O.R.
The matter is adjd for hearing on Exh.7 to 27.04.2020 at
11.00 am.
Judge
04/03/2020
SU- 1869/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present.
None for defts.
Plaintiff has carried out the amendment. Ld. Counsel for
plaintiff submitted that the copy of amended plaint is
supplied to the defts. She submits that she will file
affidavit to that effect on next date.
The matter is adjd for filing affidavit of service to
27.04.2020 at 02.45 pm.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 11 of 15 --
Noting : 04.03.2020 12 C. R. No. 01
SU- 8811/95 TOB.
Received writ of Hon'ble High Court vide CIV. W.P.
No.C0102353 of 2020 dated 07.02.2020 in Writ Petition
Stamp No.30684/2019.
O. - Seen. Concern to comply the writ.
The matter is already adjd to 05.03.2020.
Judge
04/03/2020
SU- 3414/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
TOB.
Received writ of Hon'ble High Court vide D.D. (AO)
No.C0703417/2020 dated 13.02.2020 in Appeal from
Order No.281/2016 with Civil Application no.361/2016.
O. - Seen. Concerned to comply writ.
The matter is already adjd to 22.04.2020.
Judge
04/03/2020
SU- 1027/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
TOB.
Received writ of Hon'ble High Court vide CRA Civ.
No.C0900289/2020 dated 25.02.2020 in Civil Revision
Application No.83/20.
O. - Seen. Concerned to comply writ.
The matter is already adjd to 30.03.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 12 of 15 --
Noting : 04.03.2020 13 C. R. No. 01
SU- 5107/07 Adv. Kaustubh Patil for plaintiff present.
Adv. Kalpesh Joshi along with Nisha Shah for deft. no.2
present.
Adv. Kapse for deft. no.1(a) present.
Heard arguments of Adv. for deft. no.2.
The matter is adjd for arguments of plaintiff to
18.03.2020.
Judge
04/03/2020
Review
Petition
24/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Athawale for plaintiff present.
None for deft.
Court is busy in hearing final arguments in SU 5107/07.
The matter is adjd for order to 16.03.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 13 of 15 --
Noting : 04.03.2020 14 C. R. No. 01
SU- 2332/18 Plaintiff present.
None for deft.
ORDER BELOW EXH.7
Heard. This is an application filed by deft. seeking
permission to withdraw earlier reply to N/M, affidavit in
reply to N/M and W/S filed on record filed on 10.04.2019
and allow the deft. to file corrected reply to N/M,
affidavit in reply to N/M and W/S.
The Ld. Counsel for deft. submitted that on going through
these documents, it was noticed that while taking out
printout, due to error, last and first lines of reply to N/M,
written statement and affidavit in reply to N/M are
missing on each page. It is purely a technical error and
therefore, he be permitted to correct the error.
The application is opposed by the plaintiff on the count
that the application filed is barred by limitation as the
same is filed with intention to delay the proceedings.
Therefore, the application is required to be rejected.
On perusal of the application, it appears that the deft.
wish to withdraw the reply to N/M, affidavit in reply to
N/M and W/S filed on record. There might be error in
taking out the printout of these documents but the
application is vague and does not demonstrate the actual
error and contents which are left. Even otherwise, there
is no provision for withdrawal of W/S, reply to N/M. The
deft. ought to have filed appropriate proceedings for
amendment. Allowing this application would amount to
keeping of two written statements on record and it would
not be proper for up-keeping of the record. Hence, in
these circumstances, the application needs no
consideration. Therefore, it is expedient to pass the
following order.
ORDER
1. Application (Exh.7) stands rejected.
2. Cost in the cause.
3. Application (Exh.7) is disposed off accordingly.
The matter is adjd for N/M hearing to 27.04.2020.
Judge
04/03/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 14 of 15 --
Noting : 04.03.2020 15 C. R. No. 01
Exh.410 in
PMLA 02/16
Adv. Pawar for applicant present. Applicant present.
SPP Mr. Gonsalves for ED present.
Court is busy in hearing final arguments in SU 5107/07
and other matters.
The matter is adjd for order to 07.03.2020.
Judge
04/03/2020
COMM
SU- 246/19
Exh.7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pooja Rathod for plaintiff present.
Adv. P.S. Tiwari for deft. present.
On verification of W/S, the deft. has put up the defence as
per order 8 rule 3(a) of C.P.C. for the trial.
K.B.
L.O.
Issues framed.
The matter is adjd for time management hearing to
24.03.2020.
Judge
Completed.
-- 15 of 15 --