Final Order 1

Order Details: Other
Pdf Text: Noting : 07/11/2019 1 C. R. No. 01
07/11/2019
SU-1288/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. G. S. Bhat for plaintiff present.
None present for defendants.
The Ld. Advocate for the plaintiff seeks time.
Adjourned for admissibility of the documents to
6.12.2019.
Judge
07/11/2019
SU-7485/83
Exh. 50
Exh. 51
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vaishali Chaturvedi for palintiffs present.
Adv. Sharma for defendant nos. 1(c) and 3 present.
Adv. Ghadge for defendant nos. 1(b), 2 and 4 present.
Adv. Almeda for defendant no. 6 present.
Affidavit of examination in chief of DW-1– Suresh
Premchand Chainani [Witness of defendant nos. 1(aa)
and 1(bb).
Compilation of documents filed by DW-1.
O-Call say of plaintiff and other defendants.
Copy of affidavit of examination in chief and compilation
of documents are supplied to all the concerned parties.
Adjourned for say and hearing on admissibility of the
documents to 26.11.2019.
Judge
07/11/2019
SU-9431/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Harsh Gala for plaintiff present.
Adv. Redekar for defendant nos. 1(a), 1(b) and 2 present.
Amended plaint filed by the plaintiff. Copy supplied to
the counsel for the defendant nos. 1(a), 1(b) and 2.
Ld. counsel for defendant nos. 1(a), 1(b) and 2 submitted
that he wish to file additional written statement.
Adjourned for additional written statement of defendant
nos. 1(a), 1(b) and 2 and filing affidavit of service in
respect of newly added defendants to 9.12.2019
Judge
07/11/2019
SU-5152/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Matter is for dismissal.
Adjourned for dismissal to 14.1.2020.
Judge
07/11/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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Noting : 07/11/2019 2 C. R. No. 01
SU-4292/13 None present.
Adjourned for evidence to 15.1.2020.
Judge
07/11/2019
SU-2403/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned as a last chance for recording evidence to
20.1.2020.
Judge
07/11/2019
SU-948/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
In the interest of justice, adjourned for evidence of the
plaintiff to 21.1.2020.
Judge
07/11/2019
SU-1813/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. R. C. Mishra for plaintiff present.
Ld. counsel for the plaintiff seeks time to file compilation
of documents. Last chance is granted.
Adjourned for filing compilation of documents to
22.1.2020.
Judge
07/11/2019
SU-7250/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat with Adv. Aditya Modi for plaintiff present.
Adv. Hindale for defendant no. 1 present.
The Ld. counsel for the defendant no. 1 seeks time for
argument on the count that the matter was mentioned
before the Hon'ble High Court. The matter is kept on
26.11.2019. The ld. counsel for the plaintiff submitted
that as the matter is kept on 26.11.2019, the matter may
be adjourned. This court has granted already last chance
to the defendant no. 1 but as the matter is before the
Hon'ble High Court on 26.11.2019, again a last chance is
granted to the defendant no. 1 for argument. Defendant
no. 1 to take note that unless there is any directions from
the Hon'ble High Court, this court would proceed with
the matter on the next date as the matter is 15 years old .
Adjourned as a very last chance for argument to
6.12.2019.
Judge
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Noting : 07/11/2019 3 C. R. No. 01
07/11/2019
SU-3437/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pawar for plaintiff present.
Heard argument of Ld. Advocate for the plaintiff.
Adjourned for Ex-parte judgment to 21.11.2019.
Judge
07/11/2019
SU-8337/98
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Devang Shah for plaintiff present.
Adv. Almeda for defendant no. 4 present.
The Ld. counsel for the plaintiff submitted that the
plaintiff is unwell and seeks adjournment.
By consent of the parties adjourned for recording
evidence to 26.11.2019 at 4.00 pm.
Judge
07/11/2019
SU-8972/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Apoorva Pawar for plaintiff present.
Adv. Sunita Potdar for defendant present.
PW-1 absent. The Ld. counsel for the plaintiff submitted
that the PW-1 is unable to attend the court as his father is
ill.
Adjourned for further cross examination of PW-1 to
13.12.2019 at 12.00 p.m.
Judge
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Noting : 07/11/2019 4 C. R. No. 01
07/11/2019
EA-540/17
Exh. 4
Exh. 5
Exh. 3A
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bane for DH present.
Adv. Datar with Adv. Kamble for JD present.
Vakalatnama filed on behalf of JD no. 1. O-Seen and
filed.
Application filed on behalf of JD nos. 1 and 2 for
dismissing of execution application.
Say filed by JD nos. 1 and 2 on Exh. 3.
List of documents filed by the JD.
Adjourned for hearing on Exh. 3 to 10.12.2019.
Judge
07/11/2019
SU-8647/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kudalkar for plaintiff present.
Adv. Kulkarni for defendant present.
Court is busy in hearing final arguments in time bound
Suit no. 1236/14.
Adjourned for arguments to 22.11.2019.
Judge
07/11/2019
SU-2667/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Defendant present. He submitted that Transfer
Application is kept on 13.11.2019 before the Hon'ble
Principal Judge. Hence, matter is adjourned for order on
NM to 29.11.2019.
Judge
07/11/2019
SU-6454/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Patel for defendant no. 1 present.
Adv. Udeshi for defendant no. 3 present.
Plaintiff has carried out the amendment. Plaintiff to
tender amended copy of the plaint on the record and
supply to the defendants.
Adjourned for compliance to 11.12.2019.
Judge
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Noting : 07/11/2019 5 C. R. No. 01
07/11/2019
SU-2669/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Avanendra Kumar for plaintiffs present.
None present for defendants.
The Ld. counsel for the plaintiffs seeks time for hearing.
Adjourned as a last chance.
Earlier order if any to continue till next date.
Adjourned for hearing on NM to 11.12.2019.
Judge
07/11/2019
SU-1414/15
Exh. 28
Exh. 29
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hegde for plaintiff present.
Adv. Satish Mande for defendant no. 1 present.
Report of service of summons to the witness is filed by
the plaintiff.
Report of Rationing Officer, 35 -E, Mulund received from
the Department.
Application filed by the plaintiff for issuance of witness
summons to the Secretary of the Gavanpada Ekta Co-op
Hsg. Society, Mumbai for producing counter file of Share
Certificate No. 32.
Issue summons to the Secretary of the above said Society
for production of the documents as prayed.
Adjourned for further evidence of the plaintiff to
6.12.2019.
Judge
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Noting : 07/11/2019 6 C. R. No. 01
07/11/2019
SU-2461/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. G. Shirsat for plaintiff present.
Adv. Bamne for defendant no. 1 present.
Heard Ld. Advocate for the plaintiff and defendant no. 1
on Notice of Motion No. 1730/2019.
Order below Notice of Motion No. 1730/2019.
This is a Notice of Motion for seeking condonation of
delay in filing written statement. Heard. The ld. counsel
for the defendant no. 1 submitted that written statement
was served upon to the defendant no. 1 in last week of
August-2018. The defendant no. 1 appeared in the
matter and requested court to adjourn the suit for filing
written statement. The copy of the plaint was received
from the plaintiff on 10.1.2019 and received by his
advocate on 14.1.2019. Accordingly, instructed the
advocate to file the written statement. The plaintiff
opposed the present notice of motion and submitted that
the defendant no. 1 was served with writ of summon in
August 2018 and he failed to file the written statement
within 30 days. There is delay of 120 days and the
defendant no.1 has not made out sufficient cause. The
Ld. Advocate for the plaintiff submitted that the ground
given by the defendant no.1 that the copy of the plaint
was sent in February 2019 is not maintainable as the
copy of the plaint was supplied with the written
statement.
Considered the rival submissions of the parties.
The defendant no. 1 himself admitted service of writ of
summons in August 2018. He appeared in the matter on
7.9.2018, but has not raised the issue that he has not
received the copy of the plaint. Therefore, the said
argument, at this stage, does not hold good. Be that as it
may, the matter is at initial stage. Substantial rights of
the parties are involved. The defendant no. 1 wish to
prosecute the matter. No prejudice would be caused to
the plaintiff if the written statement is taken on the
record. Even otherwise there should not be pedantic and
hyper technical approach in dealing with such type of
motion. Hence, it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1730/2019 is made absolute in
terms of prayer clause (a) subject to costs of Rs. 1,000/-
to be paid to the plaintiff within a period of four weeks
from today.
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Noting : 07/11/2019 7 C. R. No. 01
Exh. 7
2. The payment of costs is subject precedent.
3. On payment of cost, written statement be taken on
record.
4. Notice of Motion is disposed of accordingly.
_________________________________________
The counsel for the defendant no. 1 paid the costs of Rs.
1000/- to the counsel for the plaintiff and therefore the
order is complied. Hence written statement is taken on
record.
Written statement of defendant no. 1. O-R and R.
Adjourned for issues to 13.1.2020.
Judge
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Noting : 07/11/2019 8 C. R. No. 01
07/11/2019
SU-1181/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. K. Dubey for plaintiff present.
Adv. Desai for defendants present.
Heard argument of Ld. Advocate for the plaintiff and
defendants on NM.
Adjourned for order on NM to 21.11.2019.
Judge
07/11/2019
SU-2116/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gongane for plaintiff present.
Adv. Satish Sakat defendant present.
Heard argument of Ld. Advocate for the plaintiff and
defendant on NM.
Adjourned for order on NM to 21.11.2019.
Judge
07/11/2019
SU-1583/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hazari for plaintiff present.
Adv. Ketaki Rege for defendant present.
The Ld. counsel for the defendant, on instructions, makes
the statement that the defendant will give the inspection
of original documents to the counsel for the plaintiff on
20.11.2019 at about 2.45 pm in the Court hall.
Adjourned for compliance and hearing on NM to
20.11.2019.
Judge
07/11/2019
SU-663/13
NM hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Wagale for plaintiff present.
Adv. Mooman for defendant no. 1 present.
The Ld. Counsel for the defendant no. 1 submitted that
the settlement talks between plaintiff and defendant no.
1 is going on. The ld. counsel for the plaintiff submitted
that he is unable to contact plaintiff and therefor unable
to make any statement in this regard.
Adjourned for NM hearing to 19.12.2019.
Judge
07/11/2019
SU-2417/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rohit Shevate for plaintiff present.
Adv. Anand Poojari with Adv. Jalpa Pithadia for
defendant present.
Heard argument of Ld. Advocate for the plaintiff and
defendant on NM no. 2900/19.
Adjourned for order on NM no. 2900/19 to 22.11.2019
Judge
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Noting : 07/11/2019 9 C. R. No. 01
07/11/2019
SU-2270/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Sadhana Datar for defendant no. 2 present.
The plaintiff has not filed the proof of service in respect
of defendant no. 3. Plaintiff to take steps to serve
defendant no. 3.
Adjourned for affidavit of service in respect of defendant
no. 3 to 11.12.2019.
Judge
07/11/2019
SU-2655/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Sadhana Datar for defendant no. 2 present.
The plaintiff has not filed the proof of service in respect
of defendant no. 3. Plaintiff to take steps to serve
defendant no. 3.
Adjourned for affidavit of service in respect of defendant
no. 3 to 11.12.2019.
Judge
07/11/2019
SU-664/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of the plaintiff.
Plaintiff has not filed affidavit of service in respect of
service to defendant. Put matter for order.
Adjourned for order to 7.1.2020.
Judge
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Noting : 07/11/2019 10 C. R. No. 01
07/11/2019
SU-7245/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vivek G. Bhardu with adv. Shahzad M Panday for
proposed plaintiffs present.
Adv. Pradhan for defendant nos. 5(a), 5(b), 8(a) and
8(b) present.
Written arguments to CS and NM filed on behalf of
proposed plaintiffs.
Heard the Ld. Advocate for the proposed plaintiffs and
defendant nos. 5(a), 5(b), 8(a) and 8(b) on CS and NM.
Adjourned for order on NM and CS to 22.11.2019.
Judge
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Noting : 07/11/2019 11 C. R. No. 01
07/11/2019
St. No.
10997/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nankani I/b Adv. Bhadang for plaintiff present.
Adv. N. Bhadang with Adv. Feroze Patel, Adv. Tanvi
Gandhi and Adv. Sanmish Gala for defendant present.
Plaintiff tendered registered NM No. 3817/19.
Limited reply filed by the defendant to NM. TOR.
The Ld. Advocate for the defendant submitted that the
defendant has come all the way from USA and wish to
meet the father who is in the suit premises. He would
submit that on last date this court had granted
permission to the defendant to meet his father. The Ld.
Counsel for the plaintiff submitted that on same terms
and conditions the defendant be permitted to meet father.
The ld. counsel for the defendant submitted that the
defendant is leaving India on Sunday.
Considering the fact that the defendant is the
brother of plaintiff and their father is residing in the sit
premises. Defendant categorically made the statement
on last date that the he will not dispossess plaintiff from
the suit premises and he stick to the said statement.
There is nothing on the record from the side of plaintiff
to suggest that on last date there was untoward incident.
As the defendant has come all the way from USA, it
would not be proper to restrict him to meet his father
who is staying in the suit premises. The defendant is
permitted to meet his father at the suit premises with
direction that he should not involve with any kind of
dispute with the plaintiff and should not do any act
which is illegal and against the interest of the plaintiff.
The defendant is permitted to meet his father only during
the day hours from 10.00 am to 6.00 pm till Saturday
and is not permitted to stay in the suit premises.
The Ld. counsel for the plaintiff submitted that he wish to
file rejoinder to the reply filed by defendant to NM.
Adjourned for rejoinder / hearing on NM to 4.12.2019.
Judge
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Noting : 07/11/2019 12 C. R. No. 01
07/11/2019
SU-7753/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gidwani with Adv. Lambate for plaintiff present
Adv. K. T. Kukreja along with Adv Devang H. Shah for
defendant no. 3 present.
Adv. Salman Hedar for defendant nos. 1 and 2 present.
Mr. K. K. Hebale, Representative of Court Receiver, High
Court, Mumbai present.
Adjourned for order on consent terms to 14.11.2019 at
4.00 pm.
Judge
07/11/2019
SU-7702/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Gidwani with Adv. Lambate for plaintiff present
Adv. K. T. Kukreja along with Adv Devang H. Shah for
defendant no. 3 present.
Adv. Salman Hedar for defendant nos. 1 and 2 present.
Mr. K. K. Hebale, Representative of Court Receiver, High
Court, Mumbai present.
Adjourned for order on consent terms to 14.11.2019 at
4.00 pm.
Judge
07/11/2019
SU-7707/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Gidwani with Adv. Lambate for plaintiff present
Adv. K. T. Kukreja along with Adv Devang H. Shah for
defendant no. 3 present.
Adv. Salman Hedar for defendant nos. 1 and 2 present.
Mr. K. K. Hebale, Representative of Court Receiver, High
Court, Mumbai present.
Adjourned for order on consent terms to 14.11.2019 at
4.00 pm.
Judge
07/11/2019
SU-3940/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mishra for plaintiff present.
None present for defendants.
Adjourned for compliance to 20.12.2019.
Judge
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Noting : 07/11/2019 13 C. R. No. 01
07/11/2019
SU-3164/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Alexaner for plaintiff present.
None present for defendants.
Court is busy in other matters.
Adjourned for issues to 19.12.2019.
Judge
07/11/2019
SU-4321/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Fernandes for plaintiff present.
Adv. Thipsay for defendant no. 1 present.
Adv. Harsha Sawant for defendant no. 2 present.
Court is busy in hearing argument in time bound Suit no.
1236/14.
Adjourned for order on NM to 11.11.2019.
Judge
07/11/2019
SU-1182/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in hearing argument in time bound Suit no.
1236/14.
Adjourned for order on NM to 19.11.2019.
Judge
07/11/2019
SU-1259/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for issues to 9.1.2020.
Judge
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Noting : 07/11/2019 14 C. R. No. 01
27/09/2019
SU-1624/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for exparte evidence to 4.12.2019.
Judge
07/11/2019
SU-1236/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. C. S. Savithri for plaintiff present.
Adv. Agarwal with Adv. Chettiyar for defendant no. 2
present.
Heard further argument of Ld. Advocate for the plaintiff.
She concluded her argument. Court time is over.
Adjourned for argument of defendant no. 2 to
15.11.2019 at 12.00 pm.
Judge
completed
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