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 *************************** -- 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 ***************************** -- 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 ************************************* -- 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 *************************************** -- 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 ********************************** -- 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 ********************************** -- 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 *************************** -- 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 ************************************* -- 14 of 17 -- 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 -- 15 of 17 -- 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 ********************** -- 16 of 17 -- 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. -- 17 of 17 --
