Full Order Text
Order 1 · 05 Sept 2019 · CNR MHCC010056302018
Order Details: Other Pdf Text: Noting : 05/09/2019 1 C. R. No. 01 05/09/2019 Sr. no. 1 SU-7393/06 Ex.34 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Ld. advocate Mr.Anil Mishra for defendant no.2 present Ld. advocate Ms. Beerta Bajwa for the plaintiff present Application for adjournment on which following order is passed:- ORDER Read application. Considering the reason mentioned, adjournment is granted but cannot be extended for a month. Matter stands adjn. for the argument to 26.09.19 Judge 05/09/2019 SU-4939/03 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Thorat for the plaintiff present Adv. Anand for defendant no.2 present Adv. Naveli for defendant nos.3 and 4 present. Adv. Joshi for defendants present. The Ld. Counsel for the plaintiff submitted that PW-1 has gone to his native place for Ganpati festival. Hence, seeks adjournment. The matter is adjourned for cross examination to 24.09.19. Judge 05/09/2019 SU-294/88 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Suit is stayed by the Hon'ble High Court. Hence, Matter is adjn as stayed to 14/10/2019. Judge 05/09/2019 SU-1246/2014 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Ms. Desai for the plaintiff present Adv. for plaintiff seeks time to adduce the evidence. Time is granted as a last chance. Hence, matter adjn to 27.09.19 for R/E. Judge -- 1 of 10 -- Noting : 05/09/2019 2 C. R. No. 01 05/09/2019 SU-1501/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sandeep Ghogare for the plaintiff present Defendant present Defendant submitted that his advocate is not available and seeks time to file say on Ex.6. Time is granted as a last chance. Adjourned to 21/10/2019 for R/E. Judge 05/09/2019 SU-4132/11 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Potnis for the plaintiff present Adv. Ms.Khatun for defendant present Ld. Counsel for the plaintiff submitted that PW-1 is unable to attend the court due to his personal difficulty. Hence, seeks adjournment. The matter stands adjn for R/E .P. H. to 30.09.19. Judge 05/09/2019 SU-1628/13 Ex.25 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Ms.Snehal Mody for the plaintiff present Defendant no.4 present Adjournment application filed by the plaintiff ORDER Read application. Considering the reason adjournment is granted. Matter adjn to 10.10.19 for R. E. P. H. Judge 05/09/2019 SU-75/19 (commercial suit) CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present on behalf of the plaintiff. Issue writ of summons for service to defendant nos.1 to 3. Matter adjn to 19.10.19 for writ of summons. Judge 05/09/2019 SU-2228/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present/Defendant nos.1 and 2 present Adv. Waghmare for the defendant present The plaintiff seeks time to engage new advocate. Matter adjn for dismissal to 10.10.19. Judge -- 2 of 10 -- Noting : 05/09/2019 3 C. R. No. 01 05/09/2019 SU-51/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff Adv. Yahya Ghoghari with Trishma Agrawal for defendant no. 1 to 3 present The Ld. Counsel for defendant no. 1 to 3 seeks time to file say on Ex-6. Matter adjn for say and hearing on Ex-6 to 15.10.19 Later On Adv. Smita Pingale for plaintiff present. Judge 05/09/2019 SU-4575/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Trishma Agrawal for plaintiff present. None present for defendant. Matter adjn for say and hearing on admissibility of documents to 15.10.19. Judge 05/09/2019 SU-4306/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhat for plaintiff present. Adv. Manish Kelakar for defendant no. 4 present and seeks time to produce original documents on record. Matter adjn for filing documents by defendant no. 4 to 09.10.19. Judge 05/09/2019 SU-242/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Murudkar for plaintiff present and seeks time for filing documents. None present for defendant. Matter adjn for filing documents/evidence to 10.10.19. Judge 05/09/2019 SU-2223/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Keep Back Later on Ld. counsel for plaintiff present and she seek time to file draft issues. Matter adjn to 14.10.19 for framing issues. Judge -- 3 of 10 -- Noting : 05/09/2019 4 C. R. No. 01 05/09/2019 SU-06/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Matter adjn for framing issues to 19.10.19. Judge 05/09/2019 SU-7034/02 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Shruti Keer for plaintiff present and filed say on Ex-34. Adv. Chipade for defendant no. 2 present. Matter adjn for hearing on Ex-34 to 15.10.19. Judge 05/09/2019 SU-751/91 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Nichani for defendant present. Heard LC for defendant. Matter adjn for further arguments to 14.10.19. Judge 05/09/2019 SU-4191/09 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Adv. Choksi for plaintiff present. Adv. Jain for defendant no. 1 present. Adv. Kamble for defendant no. 5(a) to 5(f) present. K.B. Later on at 1.55pm- Adv. Mr.Rajan Yadav for deft no.1 and 2 is present. He seeks time to cross examination of plaintiff. Time is granted, subject to cost of Rs.1000/- Matter is adjd. to 27.09.2019 for R/E. Judge 05/09/2019 SU-9797/82 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhakti Jogal for plaintiff present. Adv. Manisha Tarkar for defendant present. Witness not present. Ld submitted that the defendant will take steps to serve the witness. Matter adjn to 17.09.19 for taking steps. Judge -- 4 of 10 -- Noting : 05/09/2019 5 C. R. No. 01 2.45 pm 05/09/2019 4 SU-8811/95 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mehta for plaintiff present. Adv. Siddhanth for defendant present. Plaintiff files sur rejoinder to the affidavit of rejoinder.(NM no. 1752/12) Matter stands adjn for NM hearing to 25.09.19 Judge 05/09/2019 8 SU-6194/06 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Anand for plaintiff present. Adv. Nirav Shah for defendant no. 1 present. Adv. Suarabh Mishra for defendant no. 4,5,7, 8, 14 15, 18 and 19 present and he submitted that these defendants will argue on the NM tendered by defendant no. 1. Adv. D'souza for defendant no. 11 present and seeks time to file reply. Granted as a last chance. Ld. counsel for plaintiff seeks time to file reply on Exh.-27 granted as a last chance. Matter stands adjn for reply on Ex-27 to 23.09.19. Judge 05/09/2019 14 SU-479/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sandip Thorat for plaintiff present. D-4 was served with writ of summons but fail to appear Hence, suit to proceed against exparte against defendant no. 4. plaintiff to take steps to serve defendant no. 2, 3 and 5. None present for defendant. Matter stands adjn. for taking steps to 15.10.19. Judge 05/09/2019 17 SU 3293/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. K. D. Jha for plaintiff present. Adv. Pini Pathak for defendant no. 1, 1(a) and 1 (b) present. Ld. counsel for plaintiff seeks time to file affidavit in respect of servie to D-3 and rejoinder to reply to the CS. Matter stands adjn. For compliance/rejoinder/ hearing on NM and CS to 4.10.19 -- 5 of 10 -- Noting : 05/09/2019 6 C. R. No. 01 Judge 05/09/2019 19 SU-975/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhate h/f adv. Dalavi for plaintiff present. Adv. Ziya for defendant no. 1 and 2 present and undertakes to file VP. Adv. Soni for defendant no. 4 present. Defendant no. 3 failed to file WS. Hence, the suit to proceed without WS of defendant no. 3. Plaintiff filed additional affidavit. Reply to additional affidavit by defendant no. 1 and 2 if any. Ld. Counself for defendant no. 4 submitted that he will not file reply to additional affidavit. Matter stands adjn for reply and hearing on NM to 23.10.19 Judge 05/09/2019 21 SU 2379/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Aparna for defendant present. Ld. counsel for defendant submitted that she supplied the copy of reply to the advocate of the plaintiff. Matter stands adjn for hearing on NM to 03.10.19. Judge -- 6 of 10 -- Noting : 05/09/2019 7 C. R. No. 01 05/09/2019 24 SU-1400/18 Ex-8 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present Adv. Hegade for plaintiff present. Adv. Kamble for defendant no. 2 to 4 present. Plaintiff filed pusis. Plaintiff submitted that wants the withdraw the suit and NM no. 2292/18. Order below Ex-8. Read pursis Ex-8. Verified from the Plaintiff about the contents in the pursis. Plaintiff submitted that he wish to withdraw the suit. Hence, it is expedient to pass following order. Order 1. Suit is disposed of as withdrawn. 2. No order as costs. 3. Court fees be refunded as per rules. 4. NM no. 2292/18 is also disposed of accordingly Judge 05/09/2019 29 EA-242/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sonal Avasti for DH present. Adv. Ranade for JD present. The counsel for the original defendant seeks time for hearing on CS. It seems that since long CS is pending. Already on several occation last chance was granted for hearing. Put CS for order. Matter stands adjn for order to 04.11.19. Judge -- 7 of 10 -- Noting : 05/09/2019 8 C. R. No. 01 05/09/2019 30 SU-4321/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Faran Dubhash for plaintiff present and tendered Original CS no. 1494/19 along with affidavit. Adv. Kapadia for defendant no. 1 present. Adv. Doshi for defendant no. 2 present. Order below on CS no. 741/09 Heard by this CS plaintiff wish to amend the plaint by deleting defendant no. 3 from the cause title and certain other amendment relating to defendant no. 3. Ld. Counsel for the plaintiff submitted that defendant no. 3 passed away on 11.01.19 and therefore amendment in that regard is necessary. The LC for defendant no. 1 submitted that the defendant no. 1 has no objection to the extent of schedule no. 1 and 3. LC for defendant no. 2 also have no objection for allowing the CS. The death certificate of Defendant no. 3 is attached with the affidavit. In view of the death of Defendant no. 3 the CS needs consideration and hence, it is expedient to passed following order. Order 1. CS no. 741/19 is made absolute in terms of paryer clause (a) only to the extent of sr. no. 1 and 3 o f the schedule. 2. Plaintiff to carry out necessary amendment within period 14 days from today. 3. CS no. 741/19 is disposed of accordingly. CS no. 1494/19 in NM no. 1182/19. Heard. The plaintiff has taken out this CS for inspection of the Fixed Deposit Receipt mentioned in NM no. 1182/19 taken out by Defendant no. 1. The defendant no. 1 is ready to give the inspection and had given the inspection the fixed deposit receipt. Hence, in view of the matter the prayer in the CS does not survive. Hence, it is expedient to pass followed order. Order CS 1494/19 is disposed of as complied. -- 8 of 10 -- Noting : 05/09/2019 9 C. R. No. 01 Matter stands adjn for hearing/settlement to 05.10.19. Judge 05/09/2019 37 SU-1236/14 Ex-86 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Savitri for plaintiff present. Adv. Agrawal for defendant no. 2 present. PW-7 Vinayak Raghunath Velhankar resumed on S.A. Cross examination of PW-7 Vinayak Raghunath Velhankar by Adv. R. K. Agrawal for defendant no. 2 is concluded. Application for issueance of witness summons to the Manager of Bank of Maharashtra of Mahim branch. O-Read application. Heard. Issue witness summons to the Bank Manager of Bank of Maharashtra of Mahim branch for adducing evidence and to produce documents as per the list annexed to summons. Matter stands adjn for R. E. P. H. to 17.09.19. Judge 05/09/2019 43 SU- 318/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. for plaintiff present. Adv. for defendant present. Matter stands adjn. for Judge 05/09/2019 46 SU 1372/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Prerana Pagare for plaintiff present and tendered draft CS along with affidavit. Leave granted to register Draft CS. LC for plaintiff mades the statement that copy of draft CS served to defendant. None present for defendant. Matter stands adjn for reply and taking steps to 14.10.19. Judge 05/09/2019 41 SU 404/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Matter stands adjn. For admissibility of documents to 21.10.19 Judge 05/09/2019 EA 4/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. for Nitin Borkar for DH present and seeks time for hearing. -- 9 of 10 -- Noting : 05/09/2019 10 C. R. No. 01 None present for JD. Matter adjn for hearing to 14.10.19 Judge 05/09/2019 SU 318/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Saket Chavan for defendant present. Matter adjn for order to 13.09.19. Judge 05/09/2019 SU 247/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Court is busy in hearing arguments in suit no 751/19. Hence, Matter adjn for order to 11.09.19 Judg05 07/09/2019 SC-983/04 Exh. 157 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) APP absent. Accused on bail absent. Adv. Ghogare h/f Adv. Bhanushali for accused present. Exemption application filed on behalf of accused. O-Exempted for today. The Ld. Advocate for accused seeks time. Adjourned for argument to Judge 07/09/2019 SC-984/04 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) APP absent. Accused on bail absent. Adv. Mr.Nargis Khan h/f Adv. Pasbola for accused present. Ex.149- Exemption application filed on behalf of accused. O-Exempted for today. The Ld. Advocate for accused seeks time. Adjourned for argument to Judge -- 10 of 10 --
