Final Order 1

Order Details: Other
Pdf Text: Noting : 1 C. R. No. 01
19/08/2019
SU-1992/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Praful Pawar h/f Adv .Prashant Karande for plaintiff
present.
Adv. Bharat Thorat for defendant present.
The Ld. counsel for the plaintiff seeks time for adducing the
evidence. It is made clear to the plaintiff that the contempt
petition will not go in hand with the suit. The NM for
contempt has to be separately tried.
Adjourned for evidence of plaintiff to 14.10.2019.
Judge
19/08/2019
SU-2783/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for admissibility of documents to 15.10.2019.
LO
Adv. Nandesh Mane for plaintiff present.
Adv. G. V. Mhatre for defendant present.
Draft NM tendered by the plaintiff. Leave is granted to
register.
Adjourned for reply to NM to 15.10.2019.
Judge
19/08/2019
SU-3164/14
Exh. 7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Alexander for plaintiff present.
Adv. Ms. Sayyed for defendant no. 5 present.
Authority letter filed by Shri Amit Kanojia Jr. Technical
Asstt. authorizing him to appear before this court today. He
submitted that the official liquidator would submit on next
date whether they will adopt the written statement or
would file the additional written statement on behalf of
original deft. no. 1.
Matter is adjourned for framing issues to 7.11.2019.
Judge
19/08/2019
SU-4725/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Babul for plaintiff present.
None present for defendant.
Say not filed by the defendant on Exh. 9. Put up Exh. 9 for
hearing.
Adjourned for hearing on admissibility of the documents to
4.10.2019.
Judge
-- 1 of 15 --
Noting : 2 C. R. No. 01
19/08/2019
SU-7808/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dalal along with Adv. Preeti Shah for plaintiff present.
Adv. Ayyaz Ansari for defendant no. 4(a) present.
The predecessor of this court has passed an order dated
30.1.2019 directing for issuance of letter of request to the
Court Receiver, High Court, Bombay for producing record in
respect of the suit premises. Till date the record is not filed
by the Court Receiver. The Ld. counsel for the plaintiff
submitted that the record is essential at the time of final
hearing. Be that as it may, specific direction was issued for
production of the documents by the Court receiver. Hence,
Registrar is called upon to issue reminder to Court Receiver
to produce the documents at the earliest as the matter is old
than 30 years old.
Adjourned for compliance and final arguments to 4.9.2019.
Judge
19/08/2019
SU-4306/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. R.G. Bhat for plaintiff present.
Adv. Paranjape for defendant no. 4 present.
The Ld. Counsel for the defendant no. 4 submitted that
defendant no. 4 required some time to file the documents
pursuant to the notice issued by the plaintiff to defendant
no. 4.
Matter is adjourned for compliance and admissibility of the
documents to 5.9.2019.
Judge
19/08/2019
SU-2160/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Defendant no. 1 present.
Advocate Sandeep Karu present on behalf of defendant no.
2, but he has not filed the vakalatnama. He undertakes to
file the vakalatnama on next date. Adv. Mr. Karu to file
vakalatnama on or before next date.
Adjourned for filing written statement to 9.10.2019.
Judge
19/08/2019
SU-1443/18
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Ketki Reghe for defendants present.
Issues framed by the Court.
Adjourned for evidence of plaintiff, compilation of
documents and list of witnesses to 15.10.2019.
Judge
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-- 2 of 15 --
Noting : 3 C. R. No. 01
19/08/2019
SU-3684/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Savla for plaintiff present.
PW-1 present.
Adv. Shah with Adv. Apoorva Pawar for defendants present.
Court is busy in recording evidence in time bound case no.
1236/14 and old case no. 9811/91.
Adjourned for cross examination of PW-1 to 13.9.2019.
Judge
19/08/2019
SU-3706/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Savla for plaintiff present.
PW-1 present.
Adv. Shah with Adv. Apoorva Pawar for defendants present.
Court is busy in recording evidence in time bound case no.
1236/14 and old case no. 9811/91.
Adjourned for cross examination of PW-1 to 13.9.2019.
Judge
19/08/2019
SU-3707/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Savla for plaintiff present.
PW-1 present.
Adv. Shah with Adv. Apoorva Pawar for defendants present.
Court is busy in recording evidence in time bound case no.
1236/14 and old case no. 9811/91.
Adjourned for cross examination of PW-1 to 13.9.2019.
Judge
19/08/2019
SU-6395/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pujari for plaintiff present.
None present for defendants.
Since long the matter is pending for the evidence of the
defendants.
Adjourned for evidence of the defendants to 9.10.2019.
Judge
19/08/2019
SU-6397/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pujari for plaintiff present.
None present for defendants.
The Ld. Advocate for plaintiff seeks submitted that PW-1 is
not well and he is out of country. He seeks adjournment.
Adjournment is granted as last chance.
Adjourned for cross examination of PW-1 to 9.10.2019.
Judge
-- 3 of 15 --
Noting : 4 C. R. No. 01
19/08/2019
SU-1778/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Kaustubh Patil for defendant nos. 2 to 5 present.
Ld. counsel for the defendant nos. 2 to 5 seeks time.
Adjourned for hearing on Exh.4 to 16.9.2019.
Judge
19/08/2019
SU-9811/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Bhate for plaintiff present.
Adv. Usharani Marathe with Adv. Bhavika Khatri for
defendant no. 1 present.
Adv. Pallavi Marathe for defendant nos. 2(a) to 2(c)
present.
Adv. Bhandary for defendant no. 3 present.
Adv. Amre for defendant no. 4 present.
Further cross examination of DW-1 partly recorded.
Adjourned for further cross examination of DW-1 to
28.8.2019.
Judge
19/08/2019
SU-6006/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pallavi Marathe for plaintiff present.
Adv. Usharani Marathe with Adv. Bhavika Khatri for
defendant no. 1 present.
Adv. Bhandari for defendant no. 2 present.
Adjourned for compliance to 28.8.2019.
Judge
19/08/2019
SU-1873/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff has not filed the proof of writ of summons.
Adjourned for reply to NM and compliance to 17.10.2019.
Judge
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-- 4 of 15 --
Noting : 5 C. R. No. 01
19/08/2019
SU-1800/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Neha Pandey for plaintiff present.
Adv. Ulka Patil for defendant present.
Plaintiff tendered registered NM 3111/19. TOR.
Adjourned for NM reply and affidavit of service to
4.10.2019.
Judge
19/08/2019
SU-1801/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Neha Pandey for plaintiff present.
Adv. Ulka Patil for defendant present.
Plaintiff tendered registered NM 3113/19. TOR.
Adjourned for NM reply and affidavit of service to
4.10.2019.
Judge
19/08/2019
SU-1183/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for affidavit of service to 16.10.2019
Judge
19/08/2019
SU-2732/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kaustubh Patil for plaintiff present.
None present for defendant.
The Ld. counsel for the plaintiff seeks time for hearing.
Adjourned for NM hearing to 14.10.2019.
Judge
19/08/2019
SU-425/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Tiwari for defendant present.
Defendant present.
Put NM for dismissal.
Adjourned for dismissal of NM to 15.10.2019.
Judge
19/08/2019
SU-256/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Daware for plaintiff present.
None present for defendant.
Adjourned for framing issues to 15.10.2019.
Judge
19/08/2019
SU-1423/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Paranjape for defendant present.
No report received from the Mediation Centre.
Adjourned for report of mediation to 7.10.2019.
Judge
-- 5 of 15 --
Noting : 6 C. R. No. 01
19/08/2019
SU-792/11
(NM hearing)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashutosh Gole for plaintiff present.
Adv. Chatrvedi for defendant nos. 1 and 2 present.
Heard Ld. Advocate for plaintiff and defendant nos. 1 and
2.
Adjourned for order on NM to 28.8.2019.
Judge
19/08/2019
SU-4343/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sushil Matkar for plaintiff present.
Adv. Bharat Thorat for defendant present.
The ld. counsel for the plaintiff submitted that the plaintiff
has already not pressed the NM. The roznama dated
24.9.2018 discloses the same. Hence the matter is kept for
framing of issues.
Adjourned for framing issues to 14.10.2019.
Judge
19/08/2019
SU-4399/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bharat Thorat for plaintiff present.
Adv. Sushil Matkar for defendant present.
The Ld. counsel for the plaintiff submitted that the NM be
gatte with the suit but NM is for dismissal order as such
there is no provision for tagging N/M with the suit.
Adjourned for dismissal of NM to 14.10.2019.
Judge
19/08/2019
SU-2120/16
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Abhijeet Naik for plaintiff present.
Adv. Hetal Jobanputra I/b M/s Vivek Kantawal and co. for
defendants present.
Memo of appearance filed by Adv. Hetal Jobanputra on
behalf of defendants. O-Seen and filed.
Adjourned for NM hearing to 15.10.2019.
Judge
19/08/2019
SU-1437/18
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Karan for defendants present.
Adjournment application filed on behalf plaintiff by father
of the plaintiff.
O-Granted.
Adjourned for NM hearing to 16.10.2019.
Judge
19/08/2019
SU-1252/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mishra for plaintiff present.
Adv. Shukla for defendant present.
The Ld. counsel for the defendant submitted that today he
has received the copy of the amended plaint. The defendant
required time to file additional written statement and
additional reply to the NM. Mater is adjourned for reply to
NM and additional written statement to 11.9.2019.
Judge
-- 6 of 15 --
Noting : 7 C. R. No. 01
19/08/2019
SU-1256/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mishra for plaintiff present.
Adv. Shukla for defendant present.
The Ld. counsel for the defendant submitted that today he
has received the copy of the amended plaint. The defendant
required time to file additional written statement and
additional reply to the NM. Mater is adjourned for reply to
NM and additional written statement to 11.9.2019.
Judge
19/08/2019
SU-772/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tambe for plaintiff present.
Plaintiff filed the affidavit of service.
The plaintiff made attempt to serve the defendant by RPAD.
The postal envelopes discloses that the defendant refused to
accept the same. Even the copy of acknowledgment is filed
whereby the plaintiff has served the Notice of Motion to the
advocate for the defendant. Despite the service to the
defendant, the defendant failed to appears in the matter.
Hence the suit is proceeded exparte against the defendant.
Plaintiff to tender registered NM.
Adjourned for NM hearing to 17.10.2019.
Judge
19/08/2019
SU-1135/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashish Singh for plaintiff present.
Adv. S. P. Wakode for defendant no. 4 present.
Plaintiff has filed the affidavit of service along with original
writ of summons. It appears that the defendant no. 4 was
served with writ of summons on 24.6.2017. Despite of
service defendant no. 4 failed to file written statement. The
suit is proceeded without written statement of defendant
no. 4.
Adjourned for reply to NM to 26.9.2019.
Judge
19/08/2019
SU-2886/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dalal for plaintiff present.
Adv. S. J. Dubey for defendant no. 4 present.
Defendant no .4 has not registered the NM. Defendant no.
4 to register the NM.
Adjourned for compliance and NM reply to 9.9.2019.
Judge
19/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 7 of 15 --
Noting : 8 C. R. No. 01
SU-229/19 Adv. Kaustubh Patil for plaintiff present.
Adv. Neel Gala for defendants present.
Plaintiff tendered registered NM No. 905/19.
The Ld. counsel fro the defendant submitted that written
statement (Exh. 7) be treated as reply to the NM.
Adjourned for NM hearing to 18.10.2019.
Judge
19/08/2019
SU-2789/16
NM reply
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. P. D. Gandhy for plaintiff present.
None present for defendant.
Last chance is granted to the defendant to file reply to
Chamber summons.
Adjourned for reply to chamber summons to 20.9.2019.
Judge
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19/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 8 of 15 --
Noting : 9 C. R. No. 01
SU-1236/14
Exh. 46
Exh. 47 & 47/A
Exh. 47/B, 47/C
& 47/D.
Exh. 48
Exh. 49
Exh. 50
Exh. 51
Exh. 52
Exh. 53
Exh.54 &54/A
Exh. 55
Exh. 56
Adv. C. S. Savithri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
Deposition of PW-6-Ishwar Jairam Rajput
Examination in chief and cross examination of PW-6
completed.
Certified copy of license.
Certified copy of the licenses of the previous year.
Certified copy of the application for changing the name of
legal heirs.
Sanction.
Certified copy of the application.
Copy of license attached with the application (Exh. 50).
Proposal.
Renewed license.
Certified copy of the old license.
License issued on 17.11.2008.
Receipt.
Adjourned for further evidence of plaintiff to 21.8.2019 at
4.00 pm.
Judge
19/08/2019
SU-1368/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
FRSR following order is passed on Notice of Motion
No.2700/19.
Notice of Motion No. 2700/2019 stands rejected.
The Ld. Advocate for the defendant seeks time for hearing
on NM No. 2612/19. Last chance is granted for hearing on
NM No. 2612/19.
Adjourned for hearing on NM no. 2612/19 and order on
NM no. 2092/19 to 27.8.2019.
Judge
19/08/2019
SU-340/19
NM order
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Surbhi Gujrar for plaintiff present.
Adv. Desai for defendant present.
Adv. for defendant wants time to file document.
Adjourned for filing documents by the defendant / order to
22.8.2019.
Judge
19/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 9 of 15 --
Noting : 10 C. R. No. 01
St. No. 8537/19
NM hearing
Adv. Holamagi for plaintiff present.
Adv. Ansari h/f Adv. Asif Hussain for defendant present.
Court is busy in recording evidence in time bound case no.
1236/14 and old case no. 9811/91.
Adjourned for order to 20.8.2019.
Judge
19/08/2019
SU-9797/82
Exh. 54
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashwin Bhadang for plaintiff present.
Adv. Pankaj Kavli for defendant present.
Registered Chamber Summons bearing no. 1488/19
tendered by the plaintiff.
Heard Ld. Advocate for plaintiff and defendant on chamber
summons.
FRSR following order is passed on Chamber summons no.
1488/19
1. Chamber Summons no. 1488/2019 is allowed in terms
of prayer clause (a) and (b).
2. Costs in the cause.
3. Plaintiff to carry out the necessary amendment within
one week from today.
4. Chamber summons is disposed of accordingly.
Application filed on behalf of defendant for issuance of
witness summons.
Order below Exh. 54
O-Read application. This application is tendered by
defendant for issuance of witness summons to the Registrar
of Company. Issue fresh witness summons to the Registrar
of Company for adducing the evidence and to produce
documents mentioned in the list annexed with the
summons. Application is disposed of accordingly.
_______________________________
Adjourned for compliance and evidence to 26.8.2019.
Judge
19/08/2019
E. A. 52/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for hearing to 23.8.2019.
Judge
19/08/2019
M. A. 22/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rakesh Agrawal for applicant present.
None present for respondent.
Court is busy in recording evidence in time bound case no.
1236/14 and old case no. 9811/91.
Adjourned for order to 23.8.2019.
Judge
19/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 10 of 15 --
Noting : 11 C. R. No. 01
M A. 23/19 Adv. Rakesh Agrawal for applicant present.
None present for respondent.
Court is busy in recording evidence in time bound case no.
1236/14 and old case no. 9811/91.
Adjourned for order to 23.8.2019.
Judge
19/08/2019
EA-280/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rakesh Agrawal for DH present.
None present for JD.
Court is busy in recording evidence in time bound case no.
1236/14 and old case no. 9811/91.
Adjourned for order on maintainability of execution
application to 23.8.2019.
Judge
19/08/2019
SU-247/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mohit Jadhadv for plaintiff present.
Adv. Neeta Gaikawad for defendant nos. 1 and 2 present.
Court is busy in other matters.
Adjourned for order on NM to 23.8.2019.
Judge
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19/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 11 of 15 --
Noting : 12 C. R. No. 01
Commercial Suit
No. 27/19
Exh. 7
Adv. Raes for plaintiff present.
Plaintiff present.
Mr. Prakash Pandit Divisional Accountant present on behalf
of defendant no. 1.
None present on behalf of defendant no. 2.
Application filed on behalf of the plaintiff for withdrawal of
the suit with liberty to file fresh suit.
Order below Exh. 7
The plaintiff have not sought relief for damages and loss of
profit and return of refund of principal amount which
comes to Rs. 5 Crores approximately.
The plaintiff wish to file comprehensive suit therefore seeks
liberty to withdraw the suit. None present for defendant
no. 2. The representative of defendant no. 1 submitted that
as his advocate is not present and therefore he is unable to
make statement.
The plaintiff has given sufficient ground for allowing him to
institute fresh suit for the present subject matter. Hence in
view of the matter, it is expedient to pass following order.
ORDER
1. Application (Exh. 7) is allowed.
2. Permission is granted to withdraw the suit with liberty to
file fresh suit.
3. Parties to bear their own costs.
4. Court fees be refunded as per rules.
5. Suit is disposed of accordingly.
Judge
19/08/2019
SU-2197/19
Exh. 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Dedhia for plaintiff present.
Adv. Lata Kharwa for defendants present.
Consent Terms filed by the parties.
On behalf of the plaintiff Director Shashin Hasmukh Savla
is present. He has produced the extract of the resolution
whereby he is been authorized to execute and sign Consent
Terms on behalf of the company in the present suit. I had
verified from him. He adhere to consent terms. Defendant
nos. 2 to 4 are present. They also adhere to consent terms.
The suit appears to have been settled between the parties in
terms of consent terms (Exh. 3). Hence it is expedient to
pass following order.
ORDER
1. Suit is decreed in terms of Consent Terms (Exh. 3).
2. Consent Terms (Exh. 3) be part of the decree.
3. Parties to bear their own costs.
4. Court fees be refunded as per rules.
Judge
19/08/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 12 of 15 --
Noting : 13 C. R. No. 01
SU-394/13
Exh. 10
By preecpie.
Adv. Vaishnav for plaintiff present.
Adv. Neeta Parikh for defendant present.
Consent terms filed by the parties.
The Ld. counsel for the plaintiff submitted that the plaintiff
is not available in India as she is settled at USA. He has
filed the consent terms on which the plaintiff has put her
signature before the Notary Public at USA. He also placed
reliance upon the judgment of the Hon'ble Supreme Court
in the case of
Byram Pestonji Gariwala Vs. Union Bank of
India and others, AIR 1991, SC 2234. Mr. Horace
Rodrigues Power of Attorney of the plaintiff is present. On
verification the Constituted Attorney of the plaintiff
submitted that the consent terms was signed by the plaintiff
and plaintiff agrees to the same. His signature is taken on
the consent terms before the Court. Defendant nos. 1 to 3
are present. On verification they accept the consent terms.
The parties have settled the matter in terms of the consent
terms (Exh. 10). Hence it is expedient to pass following
order.
ORDER
1. Suit is decreed in terms of consent terms (Exh. 10).
2. Consent Terms (Exh. 10) be the part of the decree.
3. Parties to bear their own costs.
4. Court fees be refunded to the plaintiff as per rules.
Judge
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-- 13 of 15 --
Noting : 14 C. R. No. 01
19/08/2019
SU-5873/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed on Exh. 12
1. The document i.e. agreement (Exh. 5) dated
24/09/2001 is impounded.
2. The Registrar of this Court is directed to forward the
document (Exh. 5) to the Collector of the Stamp in sealed
envelope for ascertaining the deficit stamp duty and penalty
and adjudication of the stamp duty and to keep true copy of
document (Exh. 5) on record.
3. It will be open for the plaintiff thereafter to pay deficit
stamp duty and penalty and on payment of it only, the
document would be read in evidence, provided it is duly
proved in evidence and otherwise admissible in evidence.
4. Application (Exh. 12) is disposed of accordingly.
_________________________________________________
Adjourned for report / evidence to 17.9.2019.
Judge
19/08/2019
St. No. 5659/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for reply to NM to 18.10.2019.
Judge
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-- 14 of 15 --
Noting : 15 C. R. No. 01
19/08/2019
SU-1334/16
Exh.18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for plaintiffs present.
Adv. Raje for defendant present.
Judgment
FRSR following order is passed.
ORDER
1. Suit is decreed with costs.
2. It is declared that agreement dated 31/12/2010
executed by the defendants in favour of the plaintiffs is
subsisting, valid and binding upon the plaintiffs and
defendants.
3. The defendants are directed to hand over the vacant and
physical possession of flat no. 1003, admeasuring 596 sq.
feet carpet area on third floor of the new building on final
plot nos. 1005 (part) and 1024(part) bearing CTS No. 904A
and 905 corresponding to survey no. 1000 of Village
Mulund, Mumbai within a period of one month after
getting occupation certificate.
4. Decree be drawn accordingly.
Judge
19/08/2019
SU-1335/16
Exh. 17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for plaintiffs present.
Adv. Raje for defendant present.
Judgment
FRSR following order is passed.
ORDER
1. Suit is decreed with costs.
2. It is declared that agreement dated 31/12/2010
executed by the defendants in favour of the plaintiff is
subsisting, valid and binding upon the plaintiff and
defendants.
3. The defendants are directed to hand over the vacant and
physical possession of flat no. 1002, admeasuring 635 sq.
feet carpet area on third floor of the new building on final
plot nos. 1005 (part) and 1024(part) bearing CTS No. 904A
and 905 corresponding to survey no. 1000 of Village
Mulund, Mumbai within a period of one month after
getting occupation certificate.
4. Decree be drawn accordingly.
Judge
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