Full Order Text
Order 1 · 11 Nov 2019 · CNR MHCC010047542018
Order Details: Other Pdf Text: Noting : 11/11/2019 1 C. R. No. 01 11/11/2019 SU-6085/05 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Rajguru with Mishra for plaintiff present. Adv. Ajay Fernandes for defendant present. The Ld. Counsel for the plaintiff seeks time on the ground that he is not keeping well. The matter is of the year 2005. The counsel for the defendant has already completed his argument. Adjourned as a last chance. Adjourned for arguments to 23.11.2019. Judge 11/11/2019 SU-5873/06 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The document has been impounded and the office has forwarded the document to the Collector of the Stamps. Adjourned for report of Collector of the Stamps / recording evidence to 6.1.2020. Judge 11/11/2019 SU-8271/00 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Anil Jadhav for plaintiff present. None present for defendants. The Ld. Advocate for the plaintiff seeks time. Adjourned for cross examination of DW-1 to 7.1.2020. LO DW-1 present. Judge 11/11/2019 SU-1969/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Mahesh Karule for defendant no. 1 present. Adjourned for evidence of the plaintiff to 13.1.2020. Judge 11/11/2019 SU-2371/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Dighe for defendant no. 1 present. Adjourned for dismissal of the suit to 14.1.2020. Judge -- 1 of 15 -- Noting : 11/11/2019 2 C. R. No. 01 11/11/2019 SU-180/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Sariya for defendants present. The Ld. counsel for the defendants seeks time to file reply on Exh. 5. Granted as a last chance. Adjourned for reply on Exh. 5 to 13.1.2020. Judge 11/11/2019 SU-8485/86 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Director of plaintiff present. Adv. Aditya Nilkanth for defendant nos. 1(a) to 1(c) present. The plaintiff and defendants seek time. They submitted that the terms of the settlement have been finalized and the parties will arrive at the settlement at the earliest. Adjourned for settlement to 2.12.2019. Judge 11/11/2019 SU-19/13 Exh. 22 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Dlima for plaintiff present. Adv. Aditya Modi for defendant no. 1 present. Adjournment application filed on behalf of plaintiff. O-Read application. Considering the reasons adjournment is granted. Adjourned for further evidence of plaintiff to 17.12.2019. Judge -- 2 of 15 -- Noting : 11/11/2019 3 C. R. No. 01 11/11/2019 SU-2617/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Karande for defendant no. 2 present. Adv. Nathani for defendant no. 7 present. The Ld. counsel for defendant no. 7 submitted that the Hon'ble High Court dismissed the Writ Petition filed by the defendant no. 4 challenging the order of this court allowing the chamber summons of the plaintiff. She further submitted that on request of the counsel for defendant no.4 the Hon'ble High Court stayed the present proceeding for further four weeks as the Ld. advocate for the defendant no. 4 wish to challenge the said order before the Hon'ble Apex Court. The said order was passed by the Hon'ble High Court on 17.10.2019. None present for defendant no. 4 to apprise the further development. The Ld. Counsel for defendant no. 4 to apprise this court about the further development, otherwise the court will proceed with the matter. Adjourned to 16.12.2019. Judge 11/11/2019 SU-3056/10 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Pillai for plaintiff present. The Vinay Bhorge for the defendants The Ld. counsel for the def submitted that the def. no. 12 will produce the original Deed of Conveyance dated 31.12.2009. In view of this statement, the application Exh. 4 does not require any consideration. The def. no. 12 is accordingly directed to comply with the undertaking given. Adjourned for compliance to 20.12.2019. Judge -- 3 of 15 -- Noting : 11/11/2019 4 C. R. No. 01 11/11/2019 Commercial suit no. 92/19 Exh. 3 Exh. 4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Nagvadaria for plaintiff present. Affidavit of examination in chief of PW-1 Mohammad Mazhar Urooj Shaikh Compilation of documents filed by the plaintiff. The plaintiff has filed affidavit of examination in chief of PW-1 and the documents at list Exh. 3. The defendant has not turned up in the matter and suit proceeded exparte. So therefore there is no purpose keeping the matter for case management hearing. Hence the matter is kept for hearing on admissibility of the documents at list Exh. 3 Adjourned for hearing on admissibility of the documents to 2.12.2019. Judge 11/11/2019 EA-229/15 Exh. 4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. C. K. Mhatre h/f Adv. Paranjape for DH present. Adv. Desa for Judgment Debtors present. Application filed on behalf of DH for removing the application from the caption of dismissal. O-The order of dismissal is cancelled back and matter is kept for hearing. Adjourned for hearing to 13.1.2020. Judge 11/11/2019 SU-2699/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Jain for plaintiff present. Issue writ of summons to the defendant. Adjourned for affidavit of service of writ of summons to 12.2.2020. Judge ******************************** -- 4 of 15 -- Noting : 11/11/2019 5 C. R. No. 01 11/11/2019 SU-9811/91 Exh. 57 Exh. 58 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhate for plaintiff present. Adv. Usharani Marathi with Adv.Bhavika Khatri for defendant no. 1 present. Adv. Amre for defendant no. 4 present DW-1 present. List of documents filed by defendant no. 4. Cross examination of DW-1 partly recorded. Copy of the plaint in Suit no. 1266/1993. Adjourned for further cross examination of DW-1 to 3.12.2019. Judge 11/11/2019 SU-6006/07 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Defendant no. 1 present. Adv. Usharani Marathi with Adv.Bhavika Khatri for defendant no. 1 present. Connected matter is adjourned. Therefore, this matter is adjourned to 3.12.2019. Judge 11/11/2019 SU-7090/02 @ counter claim no. 5/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Prerna Doke for plaintiff present. Adv. Shah with Adv. Apoorva Pawar for defendant no.1 present. KB LO at 1.25 pm. DW-1 is present since 11.00 am. Earlier the counsel for the plaintiff submitted that Adv. Lad would be cross examining the witness. She submitted now that advocate Lad is stuck in a matter before the Hon'ble High Court and seeks adjournment. The ground does no appear to be reasonable and in spite of the statement by the advocate that cross examination would be carried out, the witness was informed to stay in the court. The concerned advocate should desist from such practice. As a last chance matter is adjourned for cross examination of DW-1 to 21.11.2019. Judge -- 5 of 15 -- Noting : 11/11/2019 6 C. R. No. 01 11/11/2019 SU-1013/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff no. 1 present. Adv. Mohammed Iftikhar Ali for plaintiff present. Adjourned for hearing on admissibility of the documents to 23.11.2019. Judge 11/11/2019 SU-1526/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff no. 1 present. Adv. Mohammed Iftikhar Ali for plaintiff present. Adjourned for hearing on admissibility of the documents to 23.11.2019. Judge 11/11/2019 SU-2790/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. The plaintiff has not filed proof of service of writ of summons and also not filed affidavit of service. Last chance is granted to the plaintiff to take steps to serve the defendant. Adjourned for affidavit of service of writ of summons to 12.2.2020. Judge 11/11/2019 SU-3112/11 Exh. 17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bawsar for plaintiff present. Adv. Andrews for defendant nos. 2 and 3 present. Adjournment application filed by the plaintiff. O-Adjourned as a last chance. Adjourned for recording evidence to 13.1.2020. Judge 11/11/2019 SU-1953/16 Exh. 4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) By precepie. Adv. Prabhu for defendant no. 2 present. Written statement filed on behalf of defendant no. 2. O-Read and recorded. Matter is already adjourned to 20.12.2019. Judge -- 6 of 15 -- Noting : 11/11/2019 7 C. R. No. 01 11/11/2019 SU-1246/14 Exh. 5-A Exh. 9 Exh. 10 colly. Exh. 11 Exh. 12 Exh. 13 Exh. 14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Desai for plaintiff present. Adv. Siddiqui for defendant present. Say filed by Ld. Advocate for defendant on Exh. 8. After going through the pleadings of the parties it appears that the issues are required to be re-casted and accordingly it is re-casted. Re-casted issues. Heard the Ld. Advocate for the plaintiff and defendant on admissibility of the documents. The Ld. counsel for the plaintiff submitted that she has filed the original documents and those be marked as exhibit. The Ld. Advocate for the defendant object the document at sr. no. 1 on the count that the said document is not referred in the pleadings of the plaintiff. He would submit that the plaintiff has not taken leave of this court to produce this document. The Ld. Advocate for the plaintiff submitted that the document is the document of the defendant referred in his pleading. The defendant does not deny the existence of the document but as the matter of fact the PW-1 was not party to the document and was not present at the time of execution of the document and therefore it cannot be marked as exhibit. The document at sr. no. 2, 3, 6, 7, 8 and 9 are duly proved by the plaintiff and therefore the objection raised by the defendant is not legally sustainable. The documents at sr. no. 2, 3, 6, 7, 8 and 9 are marked as exhibit accordingly. Original Memorandum of understanding dated 20.3.2012 executed between the defendant herein being the seller therein and the plaintiff being the purchaser therein. Two original receipts issued by the defendant to plaintiff. Original copy of the said draft Sale Deed with payment of stamp duty amount of Rs. 60000/- upon said draft. Original office copy of legal notice dated 18.2.2014 issued to the defendant. Postal slip under RM519012959IN Original postal acknowledgment. Plaintiff is at liberty to lead additional evidence if any after re-casting of the issues. Adjourned for additional evidence of the plaintiff, if any/ cross examination of PW-1 to 13.1.2020. Judge ************************************ -- 7 of 15 -- Noting : 11/11/2019 8 C. R. No. 01 11/11/2019 SU-450/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv Omkar Gavli for plaintiff present. None present for defendants. The Ld. Advocate for the plaintiff Seeks time for hearing on NM Adjourned for hearing on NM to 18.11.2019. Judge 11/11/2019 SU-3936/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff no. 1 present. Defendant present. Adjourned for dismissal of NM to 18.12.2019. Judge 11/11/2019 SU-917/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Srivastav for plaintiff present. Adv. Pooja Khandeparkar for defendant present Additional affidavit along with additional documents filed by the plaintiff. The Ld. Advocate for the defendant opposed for filing of the additional affidavit as the matter is closed for order. The objection taken by the Ld. counsel for the defendant will be taken into account. The defendant is at liberty to file reply to the additional affidavit filed by the plaintiff, if any. Adjourned for reply of defendant to NM to 25.11.2019. Judge 11/11/2019 SU-918/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Srivastav for plaintiff present. Adv. Pooja Khandeparkar for defendant present Additional affidavit along with additional documents filed by the plaintiff. The Ld. Advocate for the defendant opposed for filing of the additional affidavit as the matter is closed for order. The objection taken by the Ld. counsel for the defendant will be taken into account. The defendant is at liberty to file reply to the additional affidavit filed by the plaintiff, if any. Adjourned for reply of defendant to NM to 25.11.2019. Judge -- 8 of 15 -- Noting : 11/11/2019 9 C. R. No. 01 11/11/2019 SU-2912/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Preet Chalwa for plaintiff present. Adv. Mehta for defendant no.1 present. Adjourned for hearing on NM and for filing of additional written statement, if any, by the defendant to 22.11.2019. Judge 11/11/2019 SU-3688/10 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Adv. Shailesh Salvi for defendant no.1a 1b , 2aand 2b present. Adv. Singh for defendant no. 4 present. Adv. for plaintiff is absent. Plaintiff seeks adjournment. Since long NM is pending for hearing. Hence the request of plaintiff for adjournment cannot be entertained. Put NM No. 1380/2017 for dismissal. Adjourned for dismissal of NM to 17.12.2019. Judge 11/11/2019 SU-4908/10 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. R A K Najam Es Sani for plaintiff present. Adv. Sandeep Dhanger for defendant present. None present for respondents. The Ld. Advocate for the defendant seeks time. Adjourned as a last chance for hearing by the defendant on NM to 16.12.2019. Judge 11/11/2019 SU-570/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Joshi for plaintiff present Adv. Ashish Singh for defendant no. 3 present. Adv. Wakode for defendant no. 2 present. None present for defendant no. 1 Notice of Motion No. 1524/2018 is not pressed by the plaintiff, hence filed. Adjourned for framing issues to 18.12.2019. Judge ******************** 11/11/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 9 of 15 -- Noting : 11/11/2019 10 C. R. No. 01 Commercial suit no. 137/19 Adv. L. K. Tripathi for plaintiff present. Issue writ of summons to the defendant. Adjourned for affidavit of service of writ of summons to 3.12.2019. Judge 11/11/2019 SU-2612/18 Exh. CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff and defendant. Adv. S. R. Patel for applicant in Chamber Summons present. Application filed by Adv. for the applicant in chamber summons for removing the matter from the caption of dismissal of CS. O-The order of dismissal is called back and matter is kept for hearing on chamber summons. Adjourned for hearing on Chamber summons to 20.12.2019. Judge 11/11/2019 SU-1368/19 Exh. CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff in person present. Adv. Chirag Gandhi for defendants present. Application filed on behalf of the defendants to allow to file rejoinder and argue on NM No. 3820/19. O- NM no. 3820/19 was kept for dismissal order. Permission is granted to the defendants to argue the NM no. 3820/19. Rejoinder filed by the defendants to the reply of plaintiff to NM 3820/19. TOR Heard plaintiff in person and Ld. Advocate for the defendants on NM no. 3820/19. Adjourned for order on NM no. 3820/19 and 2092/19 to 16.11.2019. Judge 11/11/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 10 of 15 -- Noting : 11/11/2019 11 C. R. No. 01 St. No. 16671/18 None present for plaintiff. Adv. Nilesh Parab for defendant present. Plaintiff has already field reply to the NM.92/19 but it is wrongly mentioned in roznama dated 9.8.2019 that defendant filed reply to NM. Adjourned for hearing on NM to 17.12.2019. Judge 11/11/2019 SU-1342/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Christina Carlos for plaintiff present. Adv. V. R. Tripathi for defendant present. The Ld. counsel for the defendant filed documents on record. Copy of the same is supplied to the counsel for the plaintiff. The Ld. Advocate for the plaintiff seeks time for argument on NM. Adjourned for hearing on NM to 14.1.2020. Judge 11/11/2019 SU-383/11 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Rajendra Yadav for plaintiffs present. Defendant present. Adv. for plaintiffs tendered registered NM no. 3714/19 along with supporting affidavit. By consent of both the parties, adjourned for hearing on NM to 19.12.2019. Judge 11/11/2019 SU-2048/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Aditya Manjarekar for plaintiff present. Adv. Dipali Majethiya for defendant present. The defendant seems to have appeared in the matter on 8.8.2019, but failed to file written statement. Hence suit to proceed without written statement of the defendant. Earlier order if any to continue till next date. Adjourned for reply to NM to 15.1.2020. Judge 11/11/2019 SU-2599/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. -- 11 of 15 -- Noting : 11/11/2019 12 C. R. No. 01 Adv. Pandey for plaintiff present. Defendant is present. Defendant submitted that his advocate is out of station and seeks time to file reply. On previous date the adv. for defendant had given undertaking that defendant defendant will not transfer the suit gala till next date . The defendant today made the said undertaking that he will not dispose of the suit property till next date. Adjourned for reply to NM / written statement to 14.1.2020. Judge 11/11/2019 M. A. 122/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhate for applicant present. Applicant present. Respondent present. Court is busy in other matters. Adjourned for order to 13.11.2019. Judge 11/11/2019 SU-2631/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sonkar for plaintiff present. Adv. Vishal Lokhande for defendant present. Mediation report not received. Adjourned for report of mediation to 18.12.2019. Judge 11/11/2019 SU-1522/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mukesh Dubey for plaintiff present. Adv. Khan for defendant nos. 1 and 2 present. Reply filed by the defendant nos. 1 and 2 to Chamber summons. The father of the proposed defendant is present but his presence cannot be marked on behalf of the proposed defendant. Adjourned for filing affidavit of service of CS to the proposed defendant to 16.12.2019. Judge 11/11/2019 SU-7449/80 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Athawale for plaintiff present . -- 12 of 15 -- Noting : 11/11/2019 13 C. R. No. 01 Adv. Ankit Rajput with Adv. Shridevi Kotkar for defendant no. 1 present. Adjourned for compliance to 20.11.2019. Judge 11/11/2019 SU-2286/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. S. R. Patel for plaintiff present. Adv.Vimlesh Singh for defendant no. 2 present. Draft Chamber Summons tendered by the plaintiff along with supporting affidavit. Leave is granted to register. Plaintiff to serve the copy of Chamber Summons to defendant no. 1. Service of CS made to def. no. 2. Notice of No. 3199/2018 is not pressed by the plaintiff, hence filed. Adjourned for reply to CS to 20.12.2019. Judge 25/09/2019 St. No. 16671/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Chitra Kawlekar for defendant present. Adjourned for hearing to 11.11.2019. Judge ***************************** 11/11/2019 SU-4321/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Fernandes for plaintiff present. -- 13 of 15 -- Noting : 11/11/2019 14 C. R. No. 01 Adv. Shah for defendant no. 1 present. Adv. Harsha Sawant for defendant no. 2 present. FRSR following order is passed on Notice of Motion No. 1182/2019. 1. Notice of Motion No.1182 of 2019 is allowed on following terms:- (a) Defendant no.1 is permitted to pay the statutory dues out of fixed deposits held by defendant no.4 with Bank of Baroda, Altamount Road branch, Mumbai. (b) The payment of statutory dues to be made by demand draft/pay order/cheque. (c) The remaining amount after the payment of statutory dues should be reinvested in the fixed deposits. (d) The defendant No.1 to file affidavit giving details in respect of amount paid to MCGM and the remaining amount reinvested by way of fixed deposit within 15 days of the payment. (e) The defendant No.1 and 2 are directed to inform within thirty days of this order, the tenants for depositing of rent/property tax/ repair cess in the Escrow account/new account opened as per the directions of NCLT. In case the original tenants have deposited the amount in the account of defendant no.4, the said amount should be transferred to the Escrow/new account. (f) The defendants are further directed to deposit any amount collected inclusive of rent/property tax/repair cess, in the Escrow account/new account opened as per the direction of NCLT. (g) The withdrawal of Rs.5,000/- per month is permitted in a month for the miscellaneous expenses. If Rs.5000/- is not spent in a month,then in the second month the defendants are permitted to withdraw only remaining amount .The withdrawal for other regular expenses are permitted i.e for payment of salary of the employees which were working with the defendant -- 14 of 15 -- Noting : 11/11/2019 15 C. R. No. 01 no.4 as on November 2013, electric bills and statutory dues. All these payments be done by cheque/demand draft/pay order. (h) Any other withdrawal only be permitted to the satisfaction of the bench of NCLT till the makeup of the amount of the fixed deposits released for the purpose of payment of statutory dues. (i) In case, the NCLT Petition is decided before this suit, the handling of the Escrow/New account would be subject to the direction of NCLT in that respect and if no such direction is given by NCLT in its decision for handling the said account, then it would be as per the direction of this Court. 2. Notice of motion is disposed of accordingly. _________________________________________ The Ld. counsel for the plaintiff seeks stay of two weeks to the order in NM no. 1182/19. Ld. counsel for the plaintiff opposed the request for stay. He submitted that the Corporation is bent upon to recover the statutory dues and if stay granted, there is likelihood of coercive action from the part of the Corporation. This NM and other matters between the parties are hotly contested. The plaintiff, after going through the order, would decide future course of action to challenge it and meanwhile he seeks stay of 15 days. The contention of the counsel for the defendant no. 1 appears to be genuine, but in the interest of justice, the order is stayed for a period of two weeks. The defendant no. 1 to inform the Corporation about the development and in case of any urgency, he can move to the court after giving notice to the plaintiff. Adjourned to 27.11.2019. Judge -- 15 of 15 --
