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Court Order

Final Order 1

CNR MHCC01006069201903 Oct 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 03 Oct 2019 · CNR MHCC010060692019

Order Details: Other
Pdf Text: Noting : 1 C. R. No. 01
03/10/2019
SU-3644/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Karan Chavan for plaintiff present.
Adv. Dipti Mehta for defendant no. 1 present.
The Ld. counsel for the plaintiff seeks time to file say on
admissibility of the documents.
Adjourned for say and hearing on admissibility of the
documents to 20.11.2019.
Judge
03/10/2019
SU-1494/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff no. 1 present.
Adv. Shraddha Chourasia for defendant no. 1 present.
Defendant no. 1 present.
Plaintiff no. 1 seeks time to adduce evidence. Last chance is
granted to the plaintiff to adduce evidence.
Adjourned for evidence of plaintiff to 28.11.2019.
Judge
03/10/2019
SU-2354/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None present for defendant.
Plaintiff failed to comply the order. Put for order.
Adjourned for order to 2.12.2019.
Judge
03/10/2019
SU-1719/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vidya Korgaonkarfor plaintiff present.
Adv. Mohan Shetty for defendant no. 1 present.
Adv. Ursala Misquitta for defendant no. 3 present.
plaintiff has not complied the order of the court for
paginating the compilation. Last chance is granted.
Adjourned for compliance and recording evidence to
2.12.2019.
Judge
03/10/2019
SU-1054/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sandeep Singh for plaintiff present.
None present for defendants.
Draft chamber summons along with affidavit tendered by
the plaintiff. Leave is granted to register.
Adjourned for reply to CS to 5.12.2019.
Judge
-- 1 of 17 --
Noting : 2 C. R. No. 01
03/10/2019
SU-948/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anita Waghchoure for plaintiff present.
Plaintiff present.
None present for defendant.
Adjourned for the evidence of the defendant as a last
chance to 29.11.2019.
LO
Adv. Jyoti Pandey for defendant present.
Judge
03/10/2019
SU-5149/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Surbhi Gujar for plaintiff present.
None present for defendants.
Plaintiff plaintiff to take steps for service of notice to the
defendant as regard the restoration of suit.
Adjourned for report of notice to 29.11.2019.
Judge
03/10/2019
Counter claim
no. 6/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Last chance is granted to original defendant / plaintiff in
counter claim to adduce evidence
Adjourned for evidence of original defendant / plaintiff in
counter claim 29.11.2019
Judge
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-- 2 of 17 --
Noting : 3 C. R. No. 01
03/10/2019
SU-5952/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Andrews for plaintiff present.
Adv. Kasustubh Patil for defendant nos. 1 to 4 present.
The commissioner report is pertaining to the evidence
recorded and therefore there is no question to file reply on
it.
The Ld. counsel for the defendants seeks time to adduce
evidence.
Adjourned for further evidence of defendants to 6.11.2019.
Judge
03/10/2019
SU-9431/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Redekar for defendant nos. 1a, 2a and 2b present.
Affidavit of service filed by the plaintiff.
The report from department of writ of summons is awaited.
The plaintiff undertakes to supply the amended copy of the
plaint to the defendant nos. 1a, 2a and 2b.
Adjourned for affidavit of service to 7.11.2019.
Judge
03/10/2019
SU-1042/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Priya Patil for plaintiff present.
Defendant no. 1 present.
Adv. Gole for defendant no. 1 present.
The Ld. counsel for the plaintiff seeks time for adducing
evidence.
Adjourned for further evidence of the plaintiff to
23.10.2019.
Judge
03/10/2019
SU-2227/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kaustubh Patil for plaintiff present.
Adv. Andrews for defendant nos. 1 and 2 present.
The Ld. counsel for the plaintiff seeks time to adduce
further evidence.
Adjourned for further evidence of the plaintiff to 6.11.2019.
Judge
03/10/2019
SU-7880/98
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
PW-1 present.
None present for defendant.
Defendant failed to file the say on admissibility of the
documents.
Adjourned as a last chance for say and hearing on
admissibility of the documents to 5.11.2019.
Judge
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-- 3 of 17 --
Noting : 4 C. R. No. 01
03/10/2019
SU-3776/10
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Harshada Kambel for defendant no. 2 present.
Defendant no.2 present.
Issues framed by the Court.
Adjourned for evidence of plaintiff, list of documents and
compilation of documents to 14.11.2019.
Judge
03/10/2019
SU-3054/18
Exh. 7
Exh. 8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jadhav for plaintiff present.
Adv. Gaurav Sharma for defendant present.
Application filed on behalf of the plaintiff for taking on
record the accompanying copy of the complaint filed by the
plaintiff in Chember Police station.
O-Production is allowed subject to its admissibility as per
law.
Application along with rejoinder to the written statement
filed on behalf of the plaintiff to allow the plaintiff to file
rejoinder to the written statement filed by the defendant.
O-Call say of defendant.
The Ld. counsel for the plaintiff undertakes to supply the
copy of application and rejoinder to the defendant.
Adjourned for reply of defendant on Exh. 8 to 4.11.2019.
Judge
03/10/2019
SU-1216/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. A. K. Upadhyay for plaintiff present.
Adv. Andrews for defendant no. 1 present.
PW-1 present.
The Ld. Advocate for the defendant no. 1 seeks time for
cross examination of PW-1
Adjourned for cross examination of PW-1 to 29.11.2019.
Judge
03/10/2019
EA-466/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for steps as a last chance to 28.11.2019.
Judge
-- 4 of 17 --
Noting : 5 C. R. No. 01
03/10/2019
SU-1942/13
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mhatre for plaintiff present.
Draft chamber summons along with affidavit tendered by
the plaintiff. Leave is granted to register.
Advocate Gaikawad filed Vakalatnama on behalf of
proposed defendant nos. 1(a) and 1(b).
Heard argument of Ld. Advocate for the plaintiff and
proposed defendant nos. 1(a) and 1(b) on draft chamber
summons.
Order on draft chamber summons.
Heard. The Ld. counsel for the plaintiff submitted that the
original defendant no. 1 expired on 17.4.2019. The present
chamber summons is brought beyond the period of 90 days.
The Ld. counsel for the plaintiff submitted that the
settlement talks were going on and therefore there is delay
in filing the Chamber Summons for bringing the legal heirs
of original defendant no. 1. The delay is not deliberate and
intentional. The Ld. counsle for the proposed defendant no.
1(a) and 1(b) submitted that they are not aware about any
such settlement talk.
Be that as it may, the reason givne by the plaintiff for
delay does not appear to be justifiable. The substantial
rights of the parties are involved. In the interest of justice,
the chamber summons needs consideration. Even
otherwise there should not be a hyper technical and
pedantic approach in dealing such type of application. The
amendment does not change the basic nature of the
pleadings and is necessitated in the event of death of
defendant no. 1. Hence it is expedient to pass following
order.
ORDER
1. Chamber Summons is mad absolute in terms of prayer
clause (a) to (c) subject to cost of Rs. 2,000/- to be paid to
the proposed defendant nos. 1(a) and 1(b) within a period
of 7 days from today.
2. Payment of cost is subject precedent.
3. Plaintiff to carry out necessary amendment within a
period of14 days from today.
4. Chamber Summons is disposed of accordingly.
5. Draft Chamber Summons be registered for statistical
purpose.
_________________________________________
Adjourned for compliance to 26.11.2019.
Judge
03/10/2019
St. No. 9240/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jadhav for plaintiff present.
Adv. Gaurav Sharma for defendant present.
Adjourned for compliance to 4.11.2019.
Judge
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-- 5 of 17 --
Noting : 6 C. R. No. 01
03/10/2019
SU-2075/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
It appears that plaintiff has not taken any steps to serve
defendant nos. 2, 4 and 5 with writ of summons and has
also not filed affidavit of service. Matter is adjourned as a
last chance for taking steps for serving writ of summons to
defendant no. 2, 4 and 5 and for filing affidavit of service to
3.12.2019
Judge
03/10/2019
SU-809/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Patil for plaintiff present.
None present for defendants.
Draft issues filed by the plaintiff. TOR.
Ld. counsel for the plaintiff seeks time for hearing on NM.
Last chance is granted.
Adjourned for hearing on NM to 4.12.2019.
Judge
03/10/2019
SU-2379/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ajay Das for plaintiff present.
Adv. Tiwari for defendant present.
Adjournment application filed by the plaintiff.
O-last chance is granted.
Adjourned for hearing of NM to 25.11.2019.
Judge
03/10/2019
SU-2012/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jani for plaintiff present.
Adv. Vartak for defendant no. 2 present.
Defendant no. 2 present.
Adv. Savla h/f Adv. Janani for defendant no. 1 present.
Mediation report not received. Parties informed the court
that mediation is going on.
Adjourned or report of mediation to 5.11.2019.
Judge
03/10/2019
SU-1405/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. C. K. Mhatre for plaintiff present.
None present for defendants.
The Ld. counsel for the plaintiff seeks time.
Adjourned for hearing on chamber summons to
25.11.2019.
Judge
-- 6 of 17 --
Noting : 7 C. R. No. 01
03/10/2019
SU-4321/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Adv. Anush Sequira for plaintiff present.
Adv. Sneha Vani for defendant no. 1 present.
Adv. Joshi for defendant no. 2 present.
Re-jonder filed by defendant no. 1 to NM 1182/19. Copy
served to other side.
The Ld counsel for the def. no. 2 submitted that defendant
no. 2 will not file reply to the NM no. 1182/19.
Adjourned for hearing on NM to 5.10.2019.
Judge
03/10/2019
SU-1949/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashutosh Gole for plaintiff present.
Adv. Vandana Thakkar for defendant nos. 1 to 4 present.
Plaintiff tendered registered chamber summons no.
1576/19. TOR.
Adjourned for reply to CS and hearing on Exh. 5 to
13.11.2019.
Judge
03/10/2019
EA-466/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO at 3.45 pm
Adv. Tulsi for DH present.
Adjourned for steps as a last chance to 28.11.2019.
Judge
03/10/2019
SU-2450/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rubeka for plaintiff present.
None present for defendant
Plaintiff tendered registered NM No. 3515/19
The Ld. Counsel for the plaintiff submit that the mediation
process is in progress.
Adjourned for report of mediation to 1.11.2019.
Judge
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-- 7 of 17 --
Noting : 8 C. R. No. 01
03/10/2019
SU-504/14
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sandhya Shukla for plaintiff present.
Adv. Phadtare filed appeance pursis on behalf of defendant
nos. 1 and 3 and undertakes to file vakalatnama on next
date.
Adjourned for hearing on NM 3.12.2019.
Judge
03/10/2019
SU-1101/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nagvadaria for plaintiff present.
Adv. Kiran Mohite for defendant present.
The Ld. Counsel for the plaintiff seeks time to file rejoinder.
Adjourned for rejoinder to NM to 28.11.2019.
Judge
03/10/2019
SU-6216/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Chandani for plaintiff present.
Application filed on behalf of the plaintiff seeking time to
carry out the amendment for the reason that representative
of the plaintiff company is out of town for some official
work. Time to carry out amendment is granted further for
14 days from today.
Adjourned for compliance to 18.10.2019.
Judge
03/10/2019
SC-910/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Accused nos. 1 and 2 on bail present.
Adv. Ghadge for accused no. 1 present.
Adv. Shelar for accused no. 2 present.
APP seeks time for argument. By consent of the parties,
matter is adjourned for final arguments to 17.10.2019 at
12.00 pm.
Judge
03/10/2019
SU-3678/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dalal for plaintiff present.
Adv. Ashok Bhatia for defendant present.
Heard argument Ld. Advocate for plaintiff and defendant.
Adjourned for judgment to 15.10.2019.
Judge
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-- 8 of 17 --
Noting : 9 C. R. No. 01
03/10/2019
SU-1863/18
Exh. 7-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. M. A. Vaid for plaintiff present.
Adv. Neerav Shah for defendant no. 1 present.
Reply filed by the plaintiff on Exh. 7.
Order below Exh. 7
Read application. Heard. The Ld. counsel for the
defendant no. 1 submitted that the defendant no. 1 was all
along ready for hearing on NM and on various occcasions
the plaintiff has sought adjournment. Even the Notice of
Motion was put for dismissal order on 5.7.2019 and vide
order dated 6.8.2019 on application (Exh 6), the said order
of dismissal was set aside. He would submit that on
16.9.2019 when the matter was called for hearing the
counsel for the defendant no. 1 was in some other court
and therefore could not attend the proceeding.. The counsel
for the plaintiff completed the argument and matter was
placed for order. He would submit that if the defendant no.
1 is not permitted to argue the matter, great prejudice
would be caused to defendant no. 1.
The Ld. Counsel for the plaintiff opposed thee application
on the count that the contentions raised by the defendant
no. 1 are not maintainable. The NM was for hearing on
16.9.2019 and he ought to have remain present for hearing
on NM.
On perusal of the record it reveals that on 16.9.2019 the
counsel for defendant no. 1 was not preset and after
hearing the counsel for the plaintiff, matter was posted for
order on NM. On 25.9.2019 the counsel for the defendant
no. 1 tendered this application. On perusal of the previous
roznamas it reveals that the defendant no. 1 was present
through his counsel and on several occasions plaintiff has
sought the adjournment. The notice of motion is not
decided. It would be proper to decide the notice of motion
on merit after giving fair opportunity to defendant no. 1.
Hence matter is removed from the caption of order, with
liberty t to defendant no. 1 to argue the NM.
______________________________________________
Adjourned for hearing on NM to 6.11.2019.
Judge
-- 9 of 17 --
Noting : 10 C. R. No. 01
03/10/2019
St. No. 6908/19
Exh. 3
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Samual for plaintiff present.
Adv. Madhu Surana for defendant no. 1 present.
Adv. Ashish Gatgat for defendant nos. 3 to 6 present.
Vakalatnama filed on behalf of defendant no. 1. O-seen
and filed.
Vakalatnama filed on behalf of defendant no. 3 to 6. O-
seen and filed.
Registered NM no. 3676/19 filed by the plaintiff. TOR.
The Ld. Counsels for the defendant nos. 1 and 3 to 6
submitted that the suit is not yet registered and the
therefore the plaintiff to inform after the registration of the
suit so that the written statement can be filed by the
defendant nos. 1 and 3 to 6 and time for filing of the
written statement would start from the date of
communication in that regard. Plaintiff to inform the
defendant nos. 1 and 3 to 6 after the registration of the suit
so that they can file their written statement.
Plaintiff to take steps to serve defendant no. 2.
Adjourned for reply to NM and steps in respect of
defendant no. 2 to 22.11.2019
Judge
03/10/2019
St. No. 7391/19
Exh. 3
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Samual for plaintiff present.
Adv. Madhu Surana for defendant no. 1 present.
Adv. Ashish Gatgat for defendant nos. 3 to 6 present.
Vakalatnama filed on behalf of defendant no. 1. O-seen
and filed.
Vakalatnama filed on behalf of defendant no. 3 to 6. O-
seen and filed.
Registered NM no. 3677/19 filed by the plaintiff. TOR.
The Ld. Counsels for the defendant nos. 1 and 3 to 6
submitted that the suit is not yet registered and the
therefore the plaintiff to inform after the registration of the
suit so that the written statement can be filed by the
defendant nos. 1 and 3 to 6 and time for filing of the
written statement would start from the date of
communication in that regard. Plaintiff to inform the
defendant nos. 1 and 3 to 6 after the registration of the suit
so that they can file their written statement.
Plaintiff to take steps to serve defendant no. 2.
Adjourned for reply to NM and steps in respect of
defendant no. 2 to 22.11.2019
Judge
-- 10 of 17 --
Noting : 11 C. R. No. 01
03/10/2019
St. No. 7545/19
Exh. 3
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Samual for plaintiff present.
Adv. Madhu Surana for defendant no. 1 present.
Adv. Ashish Gatagat for defendant nos. 3 to 14 present.
Vakalatnama filed on behalf of defendant no. 1. O-seen
and filed.
Vakalatnama filed on behalf of defendant no. 3 to 14. O-
seen and filed.
Registered NM no. 3678/19 filed by the plaintiff. TOR.
The Ld. counsels for the defendant nos. 1 and 3 to 14
submitted that the suit is not yet registered and the
therefore the plaintiff to inform after the registration of the
suit so that the written statement can be filed by the
defendant nos. 1 and 3 to 14 and time for filing of the
written statement would start from the date of
communication in that regard. Plaintiff to inform the
defendant nos. 1 and 3 to 14 after the registration of the
suit so that they can file their written statement.
Plaintiff to take steps to serve defendant no. 2.
Adjourned for reply to NM and steps in respect of
defendant no. 2 to 22.11.2019
Judge
03/10/2019
St. No. 9332/19
Exh. 3
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Samual for plaintiff present.
Adv. Madhu Surana for defendant no. 1 present.
Adv. Ashish Gatagat for defendant nos. 3 to 14 present.
Vakalatnama filed on behalf of defendant no. 1. O-seen
and filed.
Vakalatnama filed on behalf of defendant no. 3 to 14. O-
seen and filed.
Registered NM no. 3679/19 filed by the plaintiff. TOR.
The Ld. counsels for the defendant nos. 1 and 3 to 14
submitted that the suit is not yet registered and the
therefore the plaintiff to inform after the registration of the
suit so that the written statement can be filed by the
defendant nos. 1 and 3 to 14 and time for filing of the
written statement would start from the date of
communication in that regard. Plaintiff to inform the
defendant nos. 1 and 3 to 14 after the registration of the
suit so that they can file their written statement.
Plaintiff to take steps to serve defendant no. 2.
Adjourned for reply to NM and steps in respect of
defendant no. 2 to 22.11.2019
Judge
-- 11 of 17 --
Noting : 12 C. R. No. 01
03/10/2019
St. No. 9333/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Samual for plaintiff present.
Plaintiff tendered registered NM no. 3695/19. TOR.
Plaintiff undertakes to serve notice of motion to the
defendants along with the plaint.
Adjourned for affidavit of service to 22.11.2019.
Judge
03/10/2019
St. No. 9334/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Samual for plaintiff present.
Plaintiff tendered registered NM no. 3696/19. TOR.
Plaintiff undertakes to serve notice of motion to the
defendants along with the plaint.
Adjourned for affidavit of service to 22.11.2019.
Judge
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-- 12 of 17 --
Noting : 13 C. R. No. 01
03/10/2019
SU-1865/13
NM hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Sandeep Sharma for defendants present.
Heard argument of Ld. Advocate for defendants. Plaintiff
has already argued the matter.
Adjourned for rejoinder if any of the plaintiff / order on
NM to 7.10.2019.
Judge
03/10/2019
SU-7245/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vivek Bhartu with Adv. Shahzad Panday for
applicants / proposed plaintiffs present.
Adv. Riya Menon for defendant no. 2 present.
Adv. for applicants / proposed plaintiffs tendered affidavit
of service to defendant no. 9. On perusal of the postal
endorsement it appears that the deft. no. 9 refused to
accept the service . Hence, the NM 1312/19 and CS No.
669/19 to proceed in absence of defendant no. 9.
The Ld. Counsel for the defendant no. 2 seeks time for
hearing on NM.
Adjourned for hearing on NM to 10.10.2019.
Judge
03/10/2019
SU-686/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Swati Gautam for plaintiff present.
Adv. Mahesh Bendre for defendant nos. 1 and 3 present.
The Ld. counsel for the plaintiff pointed out that the
defendant Nos. 1 and 3 have already filed reply to NM and
therefore the demand of copy of NM no. 1364/16 is
misleading statement. The Ld. Counsel for the plaintiff
submitted that despite of that she will supply the copy of
the NM to the counsel for the defendant nos. 1 and 3. The
Ld. counsel for the plaintiff seeks liberty for issuance of
fresh writ of summons to the defendant no. 2(a). Issue
fresh writ of summons at the last known address of the
defendant nos. 2(a)
Adjourned for hearing on NM and service to defendant no.
2(a) to 9.12.2019.
Judge
03/10/2019
SU-8366/99
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Matter is pertaining to C. R. No.4
Adv. Prabhu for applicant / MHADA present. She tendered
NM along with affidavit. Leave as granted to register the
NM subject to its tenability.
Adjourned for reply to NM to 23.10.2019.
Judge
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-- 13 of 17 --
Noting : 14 C. R. No. 01
03/10/2019
SU-6095/07
Exh. 38
Exh. 39
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aniket Worlikar for plaintiff present.
Adv. Bhavika Khatri for defendant no. 1 present.
DW-1 present.
Application filed by the defendant no. 1 for taking fresh
affidavit of examination in chief of DW-1.
O-Read application. Heard. Plaintiff has no objection. The
fresh affidavit of examination in chief of DW1 is taken on
record and the earlier affidavit of examination in chief (Exh
36) of DW-1 is discarded
Fresh affidavit of examination in chief of DW-1.
Adjourned for hearing on admissibility of the documents to
18.11.2019.
Judge
03/10/2019
SU-697/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Defendant present.
Adv. Vijesh for defendant nos. 1 and 2 present.
Adjourned for framing of issues to 4.11.2019.
Judge
03/10/2019
SU-2541/19
Exh. 3
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Gada for plaintiff present.
Adv. Lata Kharwa for defendant present.
Vakalatnama filed on behalf of defendant. O-Seen and
filed.
Resolution dated 30.9.2019 of plaintiff company.
Plaintiff company is represented through the Manager
Paresh Gangji Mamaniya. The resolution Exh. 4 to that
effect has been annexed. Defendant company through their
partners Pratik Gaikawad and Kiran Garude present. The
advocates for respective parties are also present. The
representative of the plaintiff and partners of defendant
submitted that the matter is settled between them. They
have filed the consent terms and they adhere to the
contents of the consent terms. Counsel for the parties to
satisfy the court for decree in lieu of consent terms.
Adjourned to 15.10.2019.
Judge
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Noting : 15 C. R. No. 01
03/10/2019
Commercial Suit
no. 40/19
Exh. 4
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shefali R. Bhasin for plaintiff present.
Adv. Yasmin Sarang for defendant present.
On behalf of plaintiff proprietor Mrs. Alpa Saumil Mody
along with her advocate Shefali Bhasin present.
On behalf of defendant authorized representative Mr. Imran
Momin with his advocate Yasmin Sarang present.
Copy of the board resolution is filed on behalf of defendant
authorizing Mr. Imran Momin to settle the matter with the
plaintiff.
Consent terms filed by the parties.
The Plaintiff and defendant have filed consent terms. On
verification with the plaintiff and representative of the
defendant, they adhere to the terms in the consent terms.
The parties have settled the matter as per consent terms
(Exh. 5). Hence it is expedient to pass following order.
ORDER
1. Suit is decreed in terms of consent terms (Exh. 5).
2. Consent Terms be part of the decree.
3. Decree be drawn accordingly
4. Court fees be refunded to the plaintiff as per rules.
Judge
03/10/2019
SU-917/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. P. Srivastava for plaintiff present.
Adv. Khandeparkar for defendant present.
Heard argument of Ld. Advocate for plaintiff on NM. He
completed his argument. Heard argument of Ld. Advocate
for defendant on NM partly.
Adjourned for further argument of defendant on NM to
17.10.2019 at 4.00 pm.
Judge
03/10/2019
SU-918/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. P. Srivastava for plaintiff present.
Adv. Khandeparkar for defendant present.
Heard argument of Ld. Advocate for plaintiff on NM. He
completed his argument. Heard argument of Ld. Advocate
for defendant on NM partly.
Adjourned for further argument of defendant on NM to
17.10.2019 at 4.00 pm.
Judge
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Noting : 16 C. R. No. 01
03/10/2019
M. A. 138/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rachana for Kumbhat for applicant present.
Adv. Yash Choudhary for respondent no. 9 present.
Court is busy in other matters.
Adjourned for order to 17.10.2019.
Judge
03/10/2019
M. A. 139/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rachana for Kumbhat for applicant present.
Adv. Yash Choudhary for respondent no. 9 present.
Court is busy in other matters.
Adjourned for order to 17.10.2019.
Judge
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Noting : 17 C. R. No. 01
03/10/2019
St. No. 808/19
NM order
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vijay Hiremath for plaintiff present.
Defendant in person present.
Defendant in person filed some submission on record
pertaining to Order 7 Rule 11 and 39 rule 2(A). The
application under order 7 rule 11 is already decided and
the matter is fixed for order on NM under order 39 rule
2(A) therefore the legal opinion filed by the defendant
cannot be considered at all. Defendant to follow the
procedure contemplated under CPC.
Adjourned for say of plaintiff to Exh. 7 and order on NM
no. 2485/19 to 7.10.2019.
Judge
03/10/2019
SU-3152/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
None present for plaintiff and other defendants.
Adv. Viveka for defend no. 1 present.
Adjourned for final hearing on NM and CS to 18.10.2019.
Judge
Completed.
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