Final Order 1

Order Details: Other
Pdf Text: Noting : 05/07/2019 1 C. R. No. 01
05/07/2019
SU-3508/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kapadia for plaintiff present.
None present for defendant present.
Adv. for plaintiff seeks time to file evidence affidavit.
Adjourned for evidence of plaintiff to 17.9.2019.
Judge
05/07/2019
SU-4581/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Nandini Chittar for defendant presents.
None present on behalf of defendant when the matter was
called. In the interest of justice matter is adjourned for
evidence of plaintiff as a last chance to 25.9.2019.
Judge
05/07/2019
SU-4697/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chittar for plaintiff present.
None present for defendant.
Connected suit No. 4581/12 is adjourned. Plaintiff seeks
time to file evidence.
As a last chance matter is adjourned for evidence of plaintiff
to 25.9.2019.
Judge
05/07/2019
SU-445/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sachin Kadam for plaintiff present.
Adv. Siddharth Ingule for defendant present.
The Ld. counsel for plaintiff submitted that the plaintiff is
unable to attend the court and seek adjournment.
Adjourned for cross examination of plaintiff to 26.8.2019.
Judge
05/07/2019
SU-7705/02
(Counter claim
no .33/13)
Exh. 17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for plaintiff present.
Adv. Patade for defendant present.
Exh. 16- Evidence affidavit of PW-1 Sanjay Kothari.
Compilation of documents filed by the plaintiff.
Matter be put before Lok Adalat.
Adjourned for say and hearing on admissibility of
documents to 18.7.2019.
Judge
05/07/2019
SU-4500/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rajnish Upadhyay for plaintiff present.
Adv. Andrews for deft. no. 2 present.
The counsel for the plaintiff submitted that plaintiff is not
available and therefore sought adjournment. In the interest
of justice, matter is adjourned for recording evidence to
31.7.2019.
Judge
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Noting : 05/07/2019 2 C. R. No. 01
05/07/2019
SU-230/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present. Her advocate is absent.
None preset for defendant.
She submits that her advocate is not well and seeks time.
Adjourned for evidence to 27.9.2019.
Judge
05/07/2019
SU-2750/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kudalkar for plaintiff present.
None present for defendants.
Notice of Motion no. 4777/16 is pending. The said motion
was for the relief of vacating the ad-interim relief granted
vide order dated 29.11.2016 by the predecessor of this
court. On perusal of the record it appears that the NM
206/2017 was disposed of and the order was passed that
ad-interim relief will remain in force till the decision of the
suit. Thus in view of the subsequent order dated
13.7.2011, the Notice of Motion No. 4777/16 become
infructuous and hence it is disposed of accordingly.
Counsel for the plaintiff seeks time to file evidence affidavit.
Adjourned for evidence of plaintiff as a last chance to
23.9.2019.
Judge
05/07/2019
SU-383/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff no. 2 present.
Adv. Raibakar for defendant present.
Defendant present.
Since long the matter is for cross examination of PW-1.
Last chance is granted to the plaintiff to secure the presence
of PW-1 for cross examination.
Adjourned for cross examination of PW-1 to 6.8.2019.
Judge
05/07/2019
SU-2609/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff and defendants.
On perusal for the record it appears that the defts. failed to
file the written statement although the matter is in the
caption of issues. The deft. failed to file written statement
and therefore matter is proceeded without written
statement of the defendants and adjourned for evidence of
plaintiff.
Adjourned for evidence of plaintiff to 27.9.2019.
Judge
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Noting : 05/07/2019 3 C. R. No. 01
05/07/2019
SU-8249/84
Exh. 43-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Roop Vasudeo for plaintiff present.
Adv. R. A. Shah with Adv. Nirav J. Marjadi I/b Mansukhlal
Hiralal and co. for deft. nos. 7 and 9 to 18 present.
Deft. nos. 7 and 9 to 18 filed say to the admissibility of the
documents marked as Exh. 43-A. TOR.
Adv. for plaintiff seeks time for hearing on admissibility of
documents.
Adjourned for hearing on admissibility of documents to
12.7.2019 at 12.00 noon.
Judge
05/07/2019
SU-4634/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Poonam Tiwari for plaintiff present.
None present for defendants.
Exparte order is passed against defendant. The evidence of
plaintiff attorney is already tendered.
Adjourned for exparte evidence to 23.8.2019.
Judge
05/07/2019
SU-1261/16
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiffs.
Adv. Rupali Khare for deft. nos. 1 to 3 present.
Issues framed by the court.
Adjourned for evidence of plaintiff and compilation of
documents to 27.9.2019.
Judge
05/07/2019
SU-1535/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff and defendants.
Deft. no. 3 appeared on last date and sought time to file
written statement. Time was granted as a last chance.
None present on behalf of deft. no. 3. Written statement is
not filed. Suit is proceeded without written statement of
defendant no. 3.
Adjourned for hearing NM 2672/18 as a last chance to
26.9.2019.
Judge
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Noting : 05/07/2019 4 C. R. No. 01
05/07/2019
SU-7773/98
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gambhir for plaintiff present.
Adv. Gidwani with Adv. Lambate for defendant nos. 2, 3, 7
to 11, 15, 16, 33 and 34 present.
Adv. Harsh Gala for deft. nos. 18 to 24 and 27 to 32
present.
Further cross examination of PW-1 partly recorded.
Adjournment is granted as a last chance. In case the
defendants failed to cross examine PW-1 court will proceed
further accordance with law.
Adjourned for further cross examination of PW-1 to
24.7.2019 at 12.30 pm.
Judge
05/07/2019
EA-122/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. K. D. Shah for Decree Holder present.
None present for Judgment Debtor.
Dattatray Pandhrekar, Supervisor, Collector of Stamps,
Kurla present and tendered letter dated 7.5.2019 and
6.11.2010. He submitted that the process of for valuation
stamp duty has been completed. The letter was issued to
the Decree Holder to deposit the deficit stamp duty. The
Ld. Counsel for the DH submitted hat the valuation is made
as per the present market value of the property. The Ld.
counsel for the DH submitted that DH has written to the
Collection of Stamps to calculate the valuation of the land
as per the valuation on the date when the transaction was
completed. The Ld. counsel for the DH submitted that
entire stamp duty was paid when the Agreement for Sale
was lodged for registration and the same is lying with the
concerned Sub-Registrar. The collection of the stamps to
act as per law after the abovesaid response from the Decree
Holder.
Adjourned for compliance to 16.9.2019.
Judge
05/07/2019
SU-1376/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. pathak for deft. no. 1 present and seeks time for filing
draft issues.
Adjourned for filing draft issues to 30.9.2019.
Judge
05/07/2019
SU-1677/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Ameh Mahajan for defendants present and seeks time
for filing draft issues.
Adjourned for filing draft issues to 30.9.2019.
Judge
05/07/2019
SU-1962/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mamta Paradkar for plaintiff present.
Ld. counsel for plaintiff for filing affidavit of service.
Adjourned for affidavit of service to 27.9.2019.
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Noting : 05/07/2019 5 C. R. No. 01
03/07/2019
SU-1121/13
(Commercial
Suit No. 4/13)
Exh.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Siddiqui for defendant nos. 1, 2, 3, 4, 5, 6 and 8
present.
Issues framed by the court.
Adjourned for recording evidence to 6.8.2019.
Judge
05/07/2019
SU-850/60
(Disp. of)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Mrs. U. S. Sankpal, Section Officer, Officer of the Court
Receiver, High Court, Mumbai present.
Mr. C. J. Rao, Dy. Engineer (Class I), MHADA present.
Adjourned for report of Court Receiver to 31.7.2019.
Judge
05/07/2019
SU-4960/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Geeta Baudh for plaintiff present.
None present for defendant.
Ld. counsel for the plaintiff seeks time.
Adjourned for NM hearing to 6.8.2019
Judge
05/07/2019
SU-6153/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Redekar for defendant present.
Mrs. U. S. Sankpal, Section Officer, Officer of the Court
Receiver, High Court, Mumbai present.
Court receiver filed Court Receiver's compliance report no.
119/2019. TOR.
The Ld. counsel for original defendant submitted that as per
the terms of the decree he has deposited the amount of Rs.
8,08,197/- along with interest in the court. He submitted
that in spite of the decree of this court directing the Court
Receiver to handover the possession of the suit premises to
the defendant on or before 30.4.2019, the Court Receiver
has not handed over the possession of the suit premises.
On behalf of the Court Receiver it is submitted that as per
Rule 597 the plaintiff is required to deposit the cost,
charges and expenses of the Court Receiver before delivery
of possession. The court receiver is directed to make
submission as regard its inability to deliver the possession
in spite of the compliance of the terms of the decree by the
defendant. The Ld. counsel for the defendant submitted
that the amount of the plaintiff is lying with the Court and
therefore Court Receiver can receive the charges from the
said amount. The Court Receiver is called upon to make
submission in this regard also.
Adjourned for submission of Court Receiver to 9.7.2019.
Judge
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Noting : 05/07/2019 6 C. R. No. 01
05/07/2019
SU-7530/81
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Soni for plaintiff present.
Adv. Gite for defendant nos. 18 present.
Adv. Dubey for defendant nos. 20 to 23 present.
The ld. counsel for the deft. nos. 18, 20 to 23 submitted
that they have not been served with the amended copy of
NM. Plaintiff to serve the NM to newly added defendants.
Adjourned for NM reply to 5.8.2019.
Judge
05/07/2019
SU-7489/86
(Disp. of)
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Tanvir Shaikh for plaintiff present.
Vakalatnama filed on behalf of plaintiff. O-Seen and filed.
Draft NM filed by the plaintiff. Leave is not granted.
Plaintiff to satisfy the court on the admissibility of the
Notice of Motion.
Adjourned to 5.9.2019.
Judge
05/07/2019
SU-7854/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aiman for plaintiff present.
Adv. Tiwari for deft. nos. 4a to 4c present.
Adv. Aveeraj Sharma for deft. no. 1 present.
Ld. cousnsel for the deft. no .4a to 4c argued his NM
2079/12. Partly argued by the Ld. Counsel for the plaintiff.
Plaintiff seeks time.
Adjourned for hearing NM No. 3393/08 and 2079/12 to
7.8.2019.
Judge
05/07/2019
SU-6265/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Remedios for defendant present.
Court is busy in other matters.
Adjourned for order on chamber summons to 10.7.2019.
Judge
05/07/2019
SU-3207/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gonsalves for plaintiff present.
Noe present for defendants.
Adjourned for NM hearing to 2.8.2019.
Judge
-- 6 of 10 --
Noting : 05/07/2019 7 C. R. No. 01
05/07/2019
SU-1158/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gole for plaintiff present.
Adv. Kachare for defendant present.
The counsel for the deft. submitted that written statement
be treated as reply to NM.
Adjourned for NM hearing as a last chance to 1.8.2019.
Judge
05/07/2019
SU-824/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ansari for plaintiff present.
Adv. Rajabali for defendant no. 1 present.
Draft chamber summons filed by the plaintiff. Leave is
granted to register. Copy of draft chamber summons
supplied to the defendant no. 1
Adjourned for reply to chamber summons to 6.8.2019.
Judge
05/07/2019
SU-1182/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff and defendants.
Advocate Mahesh Pol submitted that he will file Vakalatna
on behalf of defendants on next date. But nothing is filed
on the record on behalf of defendants. Therefore, his
presence cannot be taken for defendants. Put for dismissal
of NM.
Adjourned for NM dismissal to 1.8.2019
Judge
05/07/2019
SU-1863/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ansari for plaintiff present.
Adv. Shah for defendant present.
Counsel for the plaintiff seeks time for hearing on NM as
she want to file the documents. Since long the NM is
pending.
Put up for dismissal of NM.
Adjourned for NM dismissal of NM to 6.8.2019.
Judge
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Noting : 05/07/2019 8 C. R. No. 01
05/07/2019
SU-581/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prasad Sawant for plaintiff present.
None present for defendant.
Adjourned for order to 20.7.2019.
Judge
05/07/2019
SU-3246/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nitin Khopade for plaintiff present.
Adv. Pushpa Tiwari for all defendants present.
By consent of the parties, adjourned for NM hearing to
8.8.2019.
Judge
05/07/2019
SU-2453/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Deolekar for plaintiff present.
None present for defendant. Reply to NM is not filed by the
defendant. NM is proceeded without reply of defendant.
Adjourned for NM hearing to 14.8.2019.
Judge
05/07/2019
Commercial suit
no. 27/19
Exh. 3
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Viraj Kandpile with Adv. Res for plaintiff present.
Adv. S. R. Shetty for defendant no. 2 present.
Advocate for plaintiff tendered registered NM 2268/19.
TOR.
Vakalatnama filed on behalf of defendant no. 2. O-Seen
and filed.
Written statement filed on behalf of defendant no. 2. O-
Read and recorded.
Reply to NM filed by the defendant no. 2. TOR.
Rejoinder filed by the plaintiff to the reply NM filed by the
plaintiff to NM.
Earlier order if any to continue till next date.
Adjourned for NM hearing to 20.7.2019.
Judge
05/07/2019
SU-901/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Avinash Sharma for plaintiff present.
Adv. Satyajeet Dighe for defendant present.
Adv. for plaintiff tendered registered NM No. 2430/19.
TOR.
The Ld. Counsel for the plaintiff seeks liberty to withdraw
NM No. 2430/19. The counsel for the defendant has no
objection for the same. In view of the statement of the
counsel for the plaintiff, the Notice of Motion No. 2430/19
is disposed of as withdrawn. No order as to cost.
Adjourned for draft issues to 5.8.2019.
Judge
-- 8 of 10 --
Noting : 05/07/2019 9 C. R. No. 01
05/07/2019
SU-1535/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO at 5.00 p.m
Adv. Ravindra Singh for plaintiff present.
Adv. Wasim Khan for deft. no. 3 present.
Adv. Ansari for deft. nos. 1 and 2 present.
The Ld. counsel for the deft. no. 3 submitted that the copy
of the plaint and documents were supplied to the counsel
for deft. no. 3 on 4.7.2019. He seeks time to file written
statement. This court has passed order of proceeding suit
without written statement of deft. no. 3. The ld .counsel
for the plaintiff admits that the copy of the plaint and
document were supplied to the deft. no. 3 on 4.7.2019. In
view of that the order of proceeding suit without written
statement of deft. no. 3 is called back and set aside.
Adjourned for filing written statement by deft. no. 3 and
hearing NM No. 2672/18 to 26.9.2019.
Judge
05/07/2019
SU-6986/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali for plaintiff present.
Plaintiff has not taken steps since long for service to
defendant nos. 3 to 7.
By way of last chance adjourned for steps to 24.7.2019.
Judge
05/07/2019
SU-824/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO
Adv. Ansari for plaintiff present.
Earlier order if any to continue till next date.
Adjourned for reply to chamber summons to 6.8.2019.
Judge
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Noting : 05/07/2019 10 C. R. No. 01
05/07/2019
SU-7757/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tripathi for plaintiff present.
Court is busy in other matters.
Adjourned for order to 20.7.2019.
Judge
05/07/2019
B. A. 1166/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mirsaad Fakih h/f Adv. Merchant for applicant present.
APP absent.
Court is busy in civil matters.
Adjourned for order to 8.7.2019.
Judge
05/07/2019
SU-6704/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Sachin Kadam for defendant no. 3 present.
Court is busy in other matters.
Adjourned for judgment to 9.7.2019.
Judge
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