Final Order 1

Order Details: Other
Pdf Text: Noting :29/06/2019 1 C. R. No. 01
29/06/2019
SU-1120/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ravindra Singh for plaintiff present.
None present for defendant.
Plaintiff has not taken steps in spite the direction of the
court for taking steps for return of the plaint. Last chance is
given for the compliance to the plaintiff.
Adjourned for compliance to 12.7.2019.
Judge
29/06/2019
M. A. 19/18
Exh.2
Exh. 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rishikesh Damle for applicants present.
None present for respondents.
Additional affidavit in support of M. A. filed on behalf of
applicants. O-Seen.
Report received from Account Department. O-Seen.
Report received from O-Seen.
FRSR following order is passed.
ORDER
1. Misc. Application No. 19/2018 is allowed.
2. The Account Department is directed to make the
payment of Rs. 6,65,345/- along with the interest accrued
on it as on date to the applicants or to applicant no. 4
Jagdish their Constitute Attorney on taking written consent
from the other applicants.
3. The amount be paid after due verification.
4. Application is disposed of accordingly.
Judge
26/06/2019
EA-381/13
Exh. 14
Exh. 15 colly.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO
Partnership Deed.
Maintenance bills.
Adjourned for further cross examination of applicant to
3.7.2019.
Judge
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Noting :29/06/2019 2 C. R. No. 01
28/06/2019
SU-2328/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Writ received from the Hon'ble High Court in Civil Revision
Application No. 90/2019. O-Seen.
Judge
29/06/2019
SU-1500/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed.
ORDER
1. Suit No. 1500/2015 is partly decreed.
2. Defendant to refund the amount of Rs. 2,10,100/- to the
plaintiff along with 9% interest per annum from the date of
the suit till its realization.
3. Decree be drawn accordingly.
Judge
29/06/2019
SU-1252/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nilu Mishra for plaintiff present.
Adv. B. N. Shukla for defendant present.
Draft Chamber summons filed by plaintiff. Leave is granted
to register.
Heard argument on draft chamber summons.
Order on draft chamber summons
Plaintiff has taken out chamber summons for amending
already pending Chamber Summons No. 202/18. The
counsel for the plaintiff submitted that original defendant
Madhavlal expired and his legal heir brought on the record
in the plaint and accordingly chamber summons is required
to be amended. The counsel for the defendant has given no
objection. Thus in view of the matter the chamber summons
needs consideration. Hence it is expedient to pass
following order.
ORDER
1. The Chamber Summons is allowed in terms of prayer
clause (a) and (b).
2. Plaintiff to carry out necessary amendment on or before
next date and supply the amended copy of the Chamber
Summons on the record and also to the counsel for the
defendant.
3. Chamber Summons be registered for statistical purpose.
__________________________________________________
Parties to supply in advance the copies of amended
chamber summons and reply to each other.
Adjourned for compliance and reply to chamber summons
to 11.7.2019.
Judge
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Noting :29/06/2019 3 C. R. No. 01
29/06/2019
SU-1256/15
Exh. 7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nilu Mishra for plaintiff present.
Adv. B. N. Shukla for defendant present.
Draft Chamber summons filed by plaintiff. Leave is granted
to register.
Heard argument on NM No. 657/19.
Order on Notice of Motion No. 657/2019
The defendant has tendered Notice of Motion seeking leave
of the court to file the written statement after the
prescribed period of 90 days. The counsel for the defendant
submitted that written statement was ready on 7.2.2019
but as the Presiding Officer was not presiding, the in-charge
court directed to take out the present proceeding for
condoning the delay. He would submit that there is no
deliberate delay on the part of the defendant. The Ld.
counsel for the plaintiff has given no objection to the
present Notice of Motion. In view of the reasons assigned
by the defendant and further in the interest of justice to
decide the lis by affording fair opportunity to the parties,
the present Notice of Motion needs consideration. Hence, it
is expedient to pass following order.
ORDER
1. Notice of Motion No. 657/19 is allowed in terms of
prayer clause (a) to (c).
2. Already tendered written statement is taken on record.
3. Notice of Motion is disposed of accordingly.
______________________________________________
Written statement of the defendant. O-R and R.
Heard argument on draft chamber summons.
Order on draft chamber summons
Plaintiff has taken out chamber summons for amending
already pending Chamber Summons No. 203/18. The
counsel for the plaintiff submitted that original defendant
Madhavlal expired and his legal heir brought on the record
in the plaint and accordingly chamber summons is required
to be amended. The counsel for the defendant has given no
objection. Thus in view of the matter the chamber summons
needs consideration. Hence it is expedient to pass
following order.
ORDER
1. The Chamber Summons is allowed in terms of prayer
clause (a) and (b).
2. Plaintiff to carry out necessary amendment on or before
next date and supply the amended copy of the Chamber
Summons on the record and also to the counsel for the
defendant.
3. Chamber Summons be registered for statistical purpose.
__________________________________________________
Parties to supply in advance the copies of amended
chamber summons and reply to each other.
Adjourned for compliance and reply to chamber summons
to 11.7.2019.
Judge
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Noting :29/06/2019 4 C. R. No. 01
29/06/2019
SU-850/60
(Disp. off)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Mr. C. J. Rao, Dy. Engineer (Class I), MHADA present.
Mr. U. S. Sankpal, Section Officer, Officer of the Court
Receiver, High Court, Mumbai present.
Adjourned for hearing to 5.7.2019.
Judge
29/06/2019
SU-3252/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yashodha Jondhale for plaintiff present.
Defendant no. 1 present.
FRSR following order is passed on Notice of Motion No.
4490/18
1. Notice of Motion No. 4490/2018 is rejected.
2. Cost in the cause.
_____________________________________________
FRSR following order is passed on Notice of Motion No.
4491/18
1. Notice of Motion No. 4491/2018 is rejected.
2. Cost in the cause.
________________________________________
Adjourned for recording evidence to 26.8.2019.
Judge
29/06/2019
SC-760/13
Exh. 266
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
SPP absent.
Accused nos. 1 to 4 produced from jail.
Adv. Ronak Naik h/f Adv. Pasbola for accused no. 1 present.
Adv. Wahab Khan for accused nos. 2 and 3 present.
Adv. for accused no. 1 seeks time for argument.
Application filed by accused no. 2 for medical treatment.
Accused No. 2 Karan Patil complained of piles. The
superintendent of Jail, Arthur Road Jail is directed to
provide immediate medical aid to him and if necessary,
send him to higher government Medical Centre.
Adjourned for argument to 4.7.2019.
Judge
29/06/2019
SU-1773/16
(Disp. Off)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Neha Pandey for plaintiff present.
Registered NM No. 2164/19 tendered by the plaintiff. TOR.
The Ld. counsel for the plaintiff seeks time for filing
affidavit of service of NM.
Adjourned for affidavit of service of NM to 29.8.2019.
Judge
29/06/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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Noting :29/06/2019 5 C. R. No. 01
SU-652/14 None present for both the parties.
Adjourned for framing issues to 7.8.2019.
Judge
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