Final Order 1

Order Details: Other
Pdf Text: Noting : 01/08/2019 1 C. R. No. 01
01/08/2019
SU-1458/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kanojia for plaintiff present.
Adv. Hussain h/f Adv. Vahid for defendants present.
The Ld. counsel for the defendants, on instructions, made
the statement that the defendants, after re-development, on
getting the possession of the premises will not create third
party interest or part with possession in any manner
whatsoever pending the disposal of the suit. In view of the
candid statement made by the Ld. Counsel for the
defendants the Notice of Motion 2767/17 needs no
consideration hence it is disposed of accordingly.
The Ld. counsel for the defendants submitted that they
have not committed the breach of the order of this court
and have not created third party interest in the suit
premises and have not parted with the possession to the
third party. The possession was handed over for the
development of the building and after the redevelopment
the defendants would get the vacate possession of the flat
as per the development agreement. Plaintiff on the
instructions submitted that the plaintiff is interested in
prosecuting the suit on merits and at this stage does not
wish to press the NM for contempt without prejudice to his
right. In view of the same the NM No. 463/18 is disposed
of. The Ld. counsel for both the parties to note the order.
Matter is adjourned for framing of issues to 24.9.2019.
Judge
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01/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 1 of 13 --
Noting : 01/08/2019 2 C. R. No. 01
SU-7034/02
Exh. 33
Exh. 34
Adv. Saurabh Dhuri for plaintiff present.
Adv. Ashok Dhanuka for defendant no. 2 present.
Affidavit of evidence of DW-2 Deepak Eknath Dhawan.
Compilation of documents filed on behalf of defendant no.
2.
Adjourned for admissibility of documents to 5.9.2019.
Judge
01/08/2019
SU-7243/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kothari for plaintiff present.
Adv. G. R. Mishra for defendant present.
The Ld. counsel for the plaintiff submitted that plaintiff has
not filed account statement and same will not be filed.
Matter is adjourned for cross examination of PW-1 to
13.9.2019.
Judge
01/08/2019
SU-1074/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shweta Satardekar for plaintiff present.
Adv. Jadhav for defendant present.
Adjourned for framing issues to 9.10.2019.
Judge
01/08/2019
SU-1763/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for framing issues to 10.10.2019.
Judge
01/08/2019
SU-848/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Varkhat for plaintiff present.
Adv. Suraj Gupte for defendant present.
Adjourned for framing issues to 11.10.2019.
Judge
01/08/2019
SU-7808/85
Exh. 46
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Preeti Shah for plaintiff present.
Adv. Memon for defendant nos. 4(a) present.
Adv. Shobhna Waghmare for defendant no. 2 present.
Adjournment application filed by Ld. Advocate for plaintiff.
O-The advocate for plaintiff submitted that she is suffering
from leg injury. Considering the same, adjournment is
granted.
Adjourned for arguments to 19.8.2019.
Judge
01/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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Noting : 01/08/2019 3 C. R. No. 01
EA-276/13 Adv. Lambade for JD present.
The Ld. counsel for the JD submitted that the matter is
likely to be settled. Talks are going on.
Adjourned for settlement to 19.9.2019.
Judge
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Noting : 01/08/2019 4 C. R. No. 01
01/08/2019
SU-948/13
Exh. 20
Exh. 21
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anita Wakchoure for plaintiff present.
Adv. Jyoti Pande for defendant present.
Further cross of PW-1 completed.
List of document filed by the defendant.
Adjourned for further evidence of plaintiff to 16.9.2019.
LO at 1.55 pm.
Application filed on behalf of plaintiff for issuance of
witness summons.
O-Read application. Heard. Issue witness summons to Mr.
Surykant Dinkar Nalawade on payment of process fees
Adjourned for further evidence of plaintiff to 16.9.2019.
Judge
01/08/2019
SU-934/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pereira for plaintiff present.
Defendant no. 2 present.
Last chance is granted to the defendants for hearing on NM.
Adjourned for NM hearing to 26.9.2019.
Judge
01/08/2019
SU-1158/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sandhya for plaintiff present.
Adv. Kachare for defendants present.
Court is busy in other matters and even otherwise the
counsel for the plaintiff sought adjournment as senior
counsel is unwell.
Matter is adjourned for NM hearing to 27.9.2019
Judge
01/08/2019
SU-588/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sawant for plaintiff present.
Adv. Zubin Dalal and Adv. Vipul Bilve for defendant
present.
Court is busy in final hearing in SU-9650/90 and recording
evidence in time bound matter.
Adjourned for NM hearing to 28.8.2019.
Judge
01/08/2019
SU-4541/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
None present for defendant.
NM is tendered by defendant. Put NM for dismissal order.
Adjourned for dismissal of NM to 27.9.2019.
Judge
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Noting : 01/08/2019 5 C. R. No. 01
01/08/2019
SU-2789/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
None present for defendant.
NM is tendered by defendant. Put NM for dismissal order.
Adjourned for dismissal of NM to 27.9.2019.
Judge
01/08/2019
SU-3335/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv.Sailee Gharpure for plaintiff present.
Adv. Sailee Apte for defendant no. 4 present.
Adjourned for NM hearing to 24.9.2019.
Judge
01/08/2019
SU-945/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for affidavit of service of writ of summons to
4.10.2019.
Judge
01/08/2019
SU-133/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for framing issues to 11.10.2019.
Judge
01/08/2019
SU-884/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Last chance is granted.
Adjourned for affidavit of service to 9.10.2019.
Judge
01/08/2019
SU-4536/09
Exh. 19
Exh. 20
Exh. 21
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tripathi for plaintiff present.
Adv. Vaishnava for defendant no. 1 present.
Further cross examination of PW-1 partly recorded.
Document dated 29.10.2004.
Letter dated 11.12.2008.
Letter dated 11.12.2008.
Adjourned for further cross examination of PW-1 to
20.8.2019.
Judge
01/08/2019
SU-1236/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Cross examination of PW-3 and PW-4 completed.
Adjourned for recording evidence to 3.8.2019.
Judge
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Noting : 01/08/2019 6 C. R. No. 01
01/08/2019
SU-4512/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tiwari for plaintiff present.
Adv. Sawant for defendant present.
Adv. for plaintiff filed affidavit of service of reply to counter
reply of applicants in NM 1288/19.
Reply to the rejoinder filed by the plaintiff. TOR.
The Ld. counsel for the original defendant wish to file
counter reply to the affidavit filed by the plaintiff.
Adjourned for reply to 1.10.2019.
Judge
01/08/2019
St. no. 6102/09
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mangesh Nalawade for plaintiff present.
Adv. Punekar for defendant nos. 2 and 3 present.
Vakalatnama filed on behalf of defendant nos. 2 and 3.
Plaintiff filed registered NM No. 2487/19 TOR.
Adjourned for reply to NM to 24.9.2019.
Judge
01/08/2019
SU-7431/96
(Disp. Off)
Exh. 28
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Samdhani for plaintiff present.
Adv. Verma for applicant in NM present.
The applicant filed application for withdrawal of NM No.
3383/2018.
The contention of the applicant is that the applicant has
filed the suit for possession in Bombay City Civil Court
Borivali Division and therefore does not wish to pursue the
present Notice of Motion. The plaintiff has given no
objection subject to cost. In view of the unconditional
withdrawal by the applicant, it is expedient to pass
following order.
ORDER
1. Notice of Motion No. 3383/2018 is disposed of as
withdrawn.
2. No order as to cost
Judge
01/08/2019
SU-8801/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie
Adv. Menezes for plaintiff present.
Draft chamber summons tendered by the plaintiff. Leave is
granted.
Matter is already adjourned to 8.8.2019.
Adjourned for affidavit of service of chamber summons and
reply to Chamber summons to 8.8.2019.
Judge
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Noting : 01/08/2019 7 C. R. No. 01
01/08/2019
SU-1368/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Court is busy in final hearing in SU-9650/90 and recording
evidence in time bound matter.
Adjourned for hearing on Notice of Motions to 5.8.2019.
Judge
01/08/2019
SU-2082/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is transferred from Court Room no. 9.
None present.
Adjourned for reply to chamber summons to 11.10.2019.
Judge
01/08/2019
SU-336/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie .
Adv. Shaliesh Dubey for deft. no.1 present.
Reply to NM filed by defendant no. 1. TOR.
Matter is already adjourned to 17.9.2019.
Judge
01/08/2019
SU-7545/06
Exh. 11
Exh.12
Exh. 13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rohit Mahadik for plaintiff present.
Adv. Sanam Jain for defendant no. 1 present.
The reply of the defendant no. 1 filed on previous date to
the report of Court Receiver is marked as Exh. 11.
Report from the Collector of Stamp, Mumbai received. It is
marked as Exh. 12.
KB
LO
Adv. Karandikar for plaintiff present.
Adv. Sanam Jain for defendant no. 1 present.
Adv. Rajesh Patil for defendant nos. 2 to 8 present.
Plaintiff filed say to the Court receiver report No. 87/19.
Adjourned for hearing on report of court receiver report no.
87/19 to 17.9.2019.
Judge
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Noting : 01/08/2019 8 C. R. No. 01
01/08/2019
SU-1182/17
Exh. 6
Exh. 7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Defendant no. 1 present.
Vakalatnama of advocate Faria filed on behalf of defendant
no. 1. O-Seen and filed.
Application filed
Read application. Heard. In the interest of justice the NM
is kept for hearing.
Adjourned for NM hearing to 19.9.2019.
Judge
30/07/2019
SU-2912/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Raees for plaintiff present.
Adv. for defendant no. 2 present.
Adv. Navin Parekh, Adv. Niranjan Bhadang, Adv. Aditya
Thakkar, Adv. M. S. Federal, Adv. Murtuza Federal, Adv.
Pauloni Mehta, Adv. Madhavi Doshi and Adv. Dinkar Desai
for defendant no. 1 present.
Adv. Chandana Salgaonkar for deft. no. 2 present.
Plaintiff tendered registered NM 2622/2019.
Additional affidavit filed by the plaintiff.
Heard Ld. Advocate for plaintiff and defendant no. 1 on
adinterim order.
Adjourned for adinterim order to 31.7.2019.
Judge
01/08/2019
Commercial Suit
No. 27/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Reis for plaintiff present.
Court is busy in final hearing in SU-9650/90 and recording
evidence in time bound matter.
Adjourned for order on NM to 3.8.2019.
Judge
01/08/2019
SU-9650/90
Argument
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agarwal for plaintiff present.
Adv. Chitnis for deft. no. 6 present.
Heard further argument of Ld. Advocate for defendant no. 6
partly.
Adjourned for further argument to 8.8.2019.
Judge
01/08/2019
EA 280/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agarwal for DH present.
Court is busy in final hearing in SU-9650/90 and recording
evidence in time bound matter.
Adjourned for hearing on maintainability of the Execution
Application to 8.8.2019.
Judge
-- 8 of 13 --
Noting : 01/08/2019 9 C. R. No. 01
01/08/2019
M. A. 22/19
Hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agarwal for applicant present.
Court is busy in final hearing in SU-9650/90 and recording
evidence in time bound matter.
Adjourned for hearing to 8.8.2019.
Judge
01/08/2019
M. A. 23/19
Hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agarwal for applicant present.
Court is busy in final hearing in SU-9650/90 and recording
evidence in time bound matter.
Adjourned for hearing to 8.8.2019.
Judge
01/08/2019
EA-52/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for hearing on maintainability of execution
application to 8.8.2019.
Judge
01/08/2019
EA-763/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mehul Shah for Decree Holder present.
FRSR following order is passed on Chamber Summons NO.
1299/2019.
1. Chamber Summons No.1299/2019 is allowed in terms
of prayer clause (a).
2. The Decree Holder to deposit necessary charges with the
department for taking the bailiff and for the police
protection.
3. Bailiff to follow the procedure at the time of handing
over the possession.
4. Chamber Summons is disposed of accordingly.
____________________________________________
Adjourned for compliance to 17.9.2019.
Judge
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Noting : 01/08/2019 10 C. R. No. 01
01/08/2019
SU-2068/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Adv. Asad Bukhari I/b Adv. Viral Bhatia for plaintiff present.
Court is busy in final hearing In SU-9650/90 and recording
evidence in time bound matter.
Adjourned for order on ad-interim to 2.8.2019.
Judge
01/08/2019
SU-2069/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Adv. Asad Bukhari I/b Adv. Viral Bhatia for plaintiff present.
Court is busy in final hearing In SU-9650/90 and recording
evidence in time bound matter.
Adjourned for order on ad-interim to 2.8.2019.
Judge
01/08/2019
SU-2070/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Adv. Asad Bukhari I/b Adv. Viral Bhatia for plaintiff present.
Court is busy in final hearing In SU-9650/90 and recording
evidence in time bound matter.
Adjourned for order on ad-interim to 2.8.2019.
Judge
01/08/2019
SU-2071/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Adv. Asad Bukhari I/b Adv. Viral Bhatia for plaintiff present.
Court is busy in final hearing In SU-9650/90 and recording
evidence in time bound matter.
Adjourned for order on ad-interim to 2.8.2019.
Judge
01/08/2019
SU-2072/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Adv. Asad Bukhari I/b Adv. Viral Bhatia for plaintiff present.
Court is busy in final hearing In SU-9650/90 and recording
evidence in time bound matter.
Adjourned for order on ad-interim to 2.8.2019.
Judge
01/08/2019
SU-2073/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Adv. Asad Bukhari I/b Adv. Viral Bhatia for plaintiff present.
Court is busy in final hearing In SU-9650/90 and recording
evidence in time bound matter.
Adjourned for order on ad-interim to 2.8.2019.
***** *** Judge
01/08/2019
SU-581/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in other matters.
Adjourned for order to 2.8.2019.
-- 10 of 13 --
Noting : 01/08/2019 11 C. R. No. 01
Judge
01/08/2019
SU-453/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jain for plaintiffs present.
None present for defendants.
The ld. counsel for the plaintiffs filed two case laws and
advanced argument. None present on behalf of defendants.
Matter is adjourned for submission on behalf of defendants
on case laws and order on NM No. 1035/18 and reply to
NM filed by the defendant to 8.8.2019
LO
Advocate Sakina for defendant no. 2 present.
Def. no. 2 tendered registered NM no. 2796/19
Adjourned for submission on behalf of defendants on case
laws and order on NM No. 1035/18 and reply on NM no.
2796/19 to 8.8.2019.
Judge
01/08/2019
SU-3004/18
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chougule for plaintiff present.
Adv. Ankur Sheth for defendant no. 4 present.
Adv. Choudhari for defendant nos. 2 and 3 present.
The Ld. Counsel for the defendant
The defendant no. 4 tendered written Statement cum reply
to NM. O- R and R.
The Ld. counsel for the deft. nos. 2 and 3 submitted that
defendant nos. 2 and 3 are not served with the writ of
summons and would file the written statement.
Earlier order if any to continue till next date.
Adjourned for NM hearing to 1.10.2019.
LO
Adv. S. K. Electriwala for defendant no. 1 present.
Judge
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01/08/2019
SU-8249/84
Admissibility
Exh. 45
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vasudeo for plaintiff present.
Adv. Niranjan Parekh for defendant nos. 7 and 9 to 18
present
Advocate for plaintiff filed application for production of
-- 11 of 13 --
Noting : 01/08/2019 12 C. R. No. 01
Exh. 46
Exh. 47
Exh. 48
Exh. 49
Exh. 50
Exh. 51
Exh. 52
Exh. 53
Exh. 54
Exh. 55
Exh. 56
Exh. 57
Exh. 58
Exh. 59
Exh. 60
Exh. 61
medical certificate. O- Production is allowed.
Heard. The document at sr. no .1 is admitted document
and therefore it is marked as Exhibit. The document at sr.
no. 2, 4, 6, 7, 9, 10, 16 and 29 are the typed copy of the
letter issued by the advocate for the plaintiff. The plaintiff
has filed the additional evidence to the effect that the
original is with the advocate for defendant and he has given
notice to the said advocate for production of the same. The
evidence is given that the letters at above serial number
were issued on the instruction of the PW-1. In this
circumstances these letters are marked as exhibits
accordingly. The document at sr. nos. 3, 5 and 8 are
original, the document at sr. no. 11 is endorsed copy of the
letter, the document at serial no. 12 is original, the
document at serial number 13 is endorsed copy, the
document at serial nos. 14 and 15 are original letters and
therefore they are marked as exhibits accordingly. The
document at sr. no. 7, 17 to 28 and 30 to 37 were already
marked as exhibit in NM 945/91 and accordingly they are
referred by the same exhibit. The NM in which the
compilation of the document of NM vide Exh. 5 be attched
with this compilation. The document at sr. no. 38 and 39
are admitted and therefore marked as exhibit 62 and 63.
Certificate issued by Registrar of Firms for the plaintiffs.
Copy of letter addressed by plaintiffs advocate to Dhruve
Liladhar and co.
Letter addressed plaintiffs advocate to Dhruve Liladhar and
co.
Letter addressed plaintiffs advocate to Dhruve Liladhar and
Co.
Office copy of the letter addressed plaintiffs advocate to
Dhruve Liladhar and co.
Copy of letter addressed by plaintiffs advocate to Dhruve
Liladhar and co.
Office copy of letter addressed plaintiffs advocate to Dhruve
Liladhar and co.
Office copy of the letter addressed by plaintiffs advocate to
Dhruve Liladhar and co.
Original letter addressed by Dhruve Liladhar and co., to M/
s Mahimtura and co.
Original letter addredssed by Dhruve Liladhar and col, to
M/s Mahimtura and co.
Original letter addressed by Dhruve Liladhar and co., to M/
s Mahimtura and co.
Endorsed copy of the letter addressed by plaintiffs advocate
to plaintiffs and original addressed to Dhruve Liladhar and
co.
Original letter addressed by Dhruve Liladhar and co., to M/
s Mahmtura and co.
Office copy of letter addressed by plaintiffs advocate to
Dhruve Liladhar and co. and duly akcnowledged.
Original letter addressed by Dhruve Liladhar and col, to M/
s Mahmtura and col.
Original letter of cancellation by Dhruve Liladhar and col,
to M/s Mahimtura and col,
-- 12 of 13 --
Noting : 01/08/2019 13 C. R. No. 01
Exh. 62
Exh. 63
Exh. 64
Copy of order passed by His Lordship Justice R. G. Ketkar in
first appeal.
Copy of order passed by Hon'ble Supreme Court in SLP No.
2884/16.
Copy of the letter addressed pliantiffs advocate to Dhruve
Liladhar and co.
Adjourned for cross examination of PW-1 to 20.8.2019.
Judge
01/08/2019
SC-45/14 @
162/14
Exh. 83
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Arote for State absent.
Accused nos. 1, 2 and 6 on bail absent.
Accused no. 3 already discharged
Accused nos. 4, 5, 7, 8, 9, 10 and 11 on bail present.
Adv. Nawale for accused no. 11 present.
Adv. Joseph for accused no. 7 present.
PI Thorat present.
PSI Sawant and PSI Borade attached to Sewree Police
Station present.
The co-accused informed that accused no. 6 had expired.
The officer present is directed to submit the report and copy
of the death certificate, if any, of the accused no. 6.
Exemption application filed by Adv. Bhumkar on behalf of
accused no. 2. O-Granted for today.
Adjourned for hearing on discharge applications to
31.8.2019.
Judge
01/08/2019
SU-5873/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in other matters.
Adjourned for order on Exh. 12 to 8.8.2019.
Judge
Completed.
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