Full Order Text
Final Order 1 · 12 Feb 2020 · CNR MHCC010076782019
Order Details: Notice of Motion Pdf Text: Noting : 12.02.2020 1 C. R. No. 01 12/02/2020 SU 2330/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff in person present. Deft. is duly served but failed to appear, hence suit to proceed exparte against defendant. The matter is adjd for exparte evidence to 02.04.2020. Judge 12/02/2020 SU 1719/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Mohan Shetty for deft. no.1 present. L.O. Adv. Arpita Borkar for plaintiff present. Adv. Mohan Shetty for deft. no.1 present. Matter is for dismissal. Put it for dismissal. The matter is adjd for dismissal to 03.04.2020. Judge 12/02/2020 SU 1425/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. None for deft. Plaintiff seeks time for hearing on admissibility of documents. Granted. The matter is adjd for hearing to 02.04.2020. Judge 12/02/2020 SU 7087/06 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Achal Jain for plaintiff present. Adv. Ms. Sonal Dabholkar for deft. no.1 present. Adv. Khan for deft. no.2 present. The Ld. Counsel for plaintiff submitted that main counsel S.K. Jain passed away and therefore, it is necessary to inform the client. Hence, she seeks four weeks time. Granted. The matter is adjd for evidence to 24.03.2020. L.O. Plaintiff present. The matter is already adjd for evidence to 24.03.2020. Judge -- 1 of 16 -- Noting : 12.02.2020 2 C. R. No. 01 12/02/2020 SU 9728/99 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Deft. no.4 present. Plaintiff seeks one month time for adducing further evidence. Granted. The matter is adjd for evidence to 13.03.2020. L.O. Adv. Kunal Thakkar for deft. no.2 present. Adv. Yogesh Sonawane for deft. no.4 present. The matter is already adjd for evidence to 13.03.2020. Judge 12/02/2020 SU 1624/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Already last chance was granted to plaintiff to adduce evidence. Put the matter for dismissal order. The matter is adjd for dismissal to 13.04.2020. Judge 12/02/2020 SU 1629/19 Exh.1 Exh.2 Exh.3 Exh.4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Plaint. Vakalatnama. Memorandum of address. List of documents. The matter is adjd for exparte evidence to 15.04.2020. Judge 12/02/2020 SU 2478/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Amit Bel for deft. nos.1, 4 and 5 present. The matter is adjd for framing issues to 18.04.2020. L.O. Adv. Rahul Nerlekar for deft. no.3 present. The matter is already adjd for framing issues to 18.04.2020. Judge -- 2 of 16 -- Noting : 12.02.2020 3 C. R. No. 01 12/02/2020 SU 320/20 Exh.1 Exh.2 Exh.3 Exh.4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sarthak Dhone along with Rupesh Gambre and Suraj Shetye i/b. Hetal Patel for plaintiff present. None for deft. Plaint. Vakalatnama. Memorandum of address. List of documents. Original writ of summons filed by Adv. for plaintiff. On perusal of the original writ of summons, it appears that service has been made to one Mrs. Haizal, the daughter inlaw of deft. It is no service in the eyes of law. Writ of summons is returned to the plaintiff to be again served to the deft. Draft N/M tendered by plaintiff. Leave is granted to register it. The matter is adjd for reply to N/M and affidavit of service to 23.03.2020. Judge 12/02/2020 SU 1343/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for framing issues to 18.04.2020. Judge 12/02/2020 SU 1641/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Vaibhav G. for plaintiff present. None for deft. The matter is adjd for framing issues to 18.04.2020. Judge 12/02/2020 SU 3676/10 Exh.2A CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sharma for plaintiff present. Adv. Sonali Dalvi for deft. nos.1 and 2 present. Deft. nos.1 and 2 filed additional W/S. T.O.R. O. Read and recorded. The matter is adjd for additional issues, if any to 19.03.2020. Judge -- 3 of 16 -- Noting : 12.02.2020 4 C. R. No. 01 12/02/2020 SU 2790/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Last chance was granted to plaintiff to submit affidavit of service. Put the case for dismissal order. The matter is adjd for dismissal to 09.04.2020. Judge 12/02/2020 SU 2699/19 Exh.1 Exh.2 Exh.3 Exh.4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Anokhi Arora for plaintiff present. None for deft. Plaint. Vakalatnama. Memorandum of address. List of documents. Ld. counsel for plaintiff seeks extension of writ of summons. O. Granted. The matter is adjd for affidavit of service to 15.04.2020. Judge 12/02/2020 SU 2693/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Tripathi for plaintiff present. Adv. Kumbhar for deft. no.1 present. Copy of affidavit of evidence and compilation of documents supplied to counsel of deft. no.1. The matter is adjd for filing say on Exh.5 to 24.03.2020. Judge 12/02/2020 SU 529/18 Exh.5 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Vivek Singh for plaintiff present. Adv. Tripathi for deft. no.2 present. Adv. Prachi Mhatre for deft. no.3 present. Deft. no.2 present. Vakalatnama filed on behalf of plaintiff. O. Seen and filed. Counsel for deft. no.3 and deft. no.2 in person seeks time to file W/S. Granted. Plaintiff to file affidavit of service in respect of deft. no.1. The matter is adjd for filing W/S by deft. nos.2 and 3 and service affidavit in respect of deft. no.1 to 28.02.2020. Judge -- 4 of 16 -- Noting : 12.02.2020 5 C. R. No. 01 12/02/2020 SU 993/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. P.G. Lad for plaintiffs present. Adv. Redekar for deft. nos.1 to 10, 12 to 18 present Heard arguments of Adv. Mr. Redekar. The matter is adjd for arguments to 21.02.2020. Judge 12/02/2020 SU 3447/08 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Nayar for plaintiff present. Adv. M.S. Lad for deft. nos.1 and 3 present. There is no W/S of deft. no.1 and 3 on record. The affidavit of evidence (Exh.40) was filed on behalf of deft. nos.1 and 3. It is pointed out by counsel for plaintiff that as there is no defence of defendant nos.1 and 3, therefore they cannot adduce evidence. The Ld. Counsel for the deft. nos.1 and 3 submitted that in view of the legal position, he does not wish to proceed with the evidence of deft. nos.1 and 3, hence the affidavit of evidence filed on behalf of deft. nos.1 and 3 of DW1 Dilip is discarded. By consent of the parties, the matter is adjd for final arguments to 25.02.2020. Judge 12/02/2020 SU 4191/09 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Jaydeep Raut for plaintiff present. Adv. Rajesh Patil for deft. no.1 present. There is element of settlement in the matter, hence the matter is referred for mediation. The matter is adjd for mediation report to 27.03.2020. Judge 12/02/2020 SU 6889/06 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Fatima for plaintiff present. Adv. Ramesh Jadhav for deft. no.1(a) present. Further cross examination of PW1 is resumed by Adv. Jadhav and completed. The matter is adjd for cross examination of PW1 by deft. no.2 to 12.03.2020. Judge -- 5 of 16 -- Noting : 12.02.2020 6 C. R. No. 01 12/02/2020 SU 7305/01 Exh.51 Exh.52 Exh.53 Exh.54 Exh.55 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Giriraj for plaintiff present. Adv. Milind Gyani for deft. present. Further cross examination of DW1 is resumed by Adv. Giriraj for plaintiff. Certified copy of form no.32. Form of annual return with the Registrar of the Companies bearing the date of AGM as 29.09.2001. Document Exh.A to the rejoinder in notice of motion no.1425/2001. Document Exh.B to the rejoinder in notice of motion no.1425/2001. Document Exh.C to the rejoinder in notice of motion no.1425/2001. Further cross examination of DW1 by Adv. Giriraj is deferred till next date. The matter is adjd for evidence to 26.02.2020 at 12.00 noon. Judge 12/02/2020 SU 4321/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sequeria along with Kerawalla for plaintiff present. None for deft. Ld. counsel for plaintiff submitted that the parties are contemplating settlement in the matter, hence seeks long date. The matter is adjd for settlement to 07.04.2020. Judge -- 6 of 16 -- Noting : 12.02.2020 7 C. R. No. 01 12/02/2020 SU 686/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Roma Bhende for plaintiff present. Adv. Jaya Misal for deft. nos.1 and 3 present. Ld. counsel for plaintiff seeks time to serve writ of summons to deft. no.2(a). Issue fresh writ of summons against deft. no.2(a). The matter is adjd for affidavit of service to 19.03.2020 at 02.45 pm. Judge 12/02/2020 SU 2009/19 Exh.5 Exh.6 Exh.7 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mr. Mishra for plaintiff present. Adv. Mr. Madhur Surana for deft. no.1 present. Adv. Ms. D'souza for deft. no.2 present. Vakalatnama filed on behalf of deft. no.1. O. Seen and filed. Vakalatnama filed on behalf of deft. no.2. O. Seen and filed. Adv. for plaintiff tendered registered N/M no.2862/19. T.O.R. Written statement of deft. no.1. O. Read and recorded. Adv. for deft. no.1 filed reply to N/M no.2862/19. T.O.R. Plaintiff tendered original writ of summons. T.O.R. Writ of summons is duly served to deft. no.3. None present on behalf of deft. no.3. Suit to proceed exparte against deft. no.3. Ld. counsel for deft. no.2 seeks time to file W/S and reply to N/M. Granted. The matter is adjd for reply to N/M and W/S to 02.03.2020 at 02.45 pm. Judge 12/02/2020 SU 1987/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Adv. Ghate for deft. present. Plaintiff seeks time for hearing on N/M. Granted as last chance. The matter is adjd for N/M hearing to 26.03.2020. Judge -- 7 of 16 -- Noting : 12.02.2020 8 C. R. No. 01 12/02/2020 SU 3002/14 Exh.5 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Sushmita for deft. present. Ld. counsel for deft. submitted that the cost has been paid to the plaintiff on 26.12.2019. In view of the statement of Ld. Counsel for deft. and acknowledgement tendered by her, the W/S is taken on record. Written statement. O. Read and recorded. The matter is adjd for hearing on N/M to 18.03.2020. Judge 12/02/2020 SU 2882/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sameer Sawant for plaintiff present. Adv. Megha Keluskar for deft. nos.1 to 9 present. Rejoinder filed by plaintiff to the reply in N/M no.4434/18. T.O.R. The matter is adjd for hearing on N/M to 30.03.2020. Judge 12/02/2020 SU 2883/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sameer Sawant for plaintiff present. Adv. Megha Keluskar for deft. nos.1 to 9 present. Rejoinder filed by plaintiff to the reply in N/M no.4435/18. T.O.R. The matter is adjd for hearing on N/M to 30.03.2020. Judge 12/02/2020 SU 866/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Sharif Lakdawala for plaintiff present. Deft. no.1 present. Ld. counsel for plaintiff seeks time for hearing on N/M. Granted. The matter is adjd for N/M hearing to 08.04.2020. L.O. Adv. Rekha Chauhan for deft. present. The matter is already adjd for N/M hearing to 08.04.2020. Judge -- 8 of 16 -- Noting : 12.02.2020 9 C. R. No. 01 12/02/2020 SU 51/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mohsin Panjwani for plaintiff present. Adv. P.R. Patil for deft. present. There is element of settlement in the matter, hence the matter is referred for mediation. The matter is adjd for mediation report to 09.04.2020 at 02.45 pm. Judge 12/02/2020 SU 2392/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Rakesh Pathak for plaintiff present. Adv. Nirmala Bhosle for deft. present. Deft. present. Adv. for deft. filed reply to N/M no.3852/19. T.O.R. Deft. in presence of his advocate makes a statement that he will not create third party interest in the suit shop pending the disposal of suit. The said statement of deft. is recorded and accordingly, N/M no.3852/2019 is disposed off. The matter is adjd for issues to 04.04.2020. Judge 12/02/2020 SU 2617/16 Exh.11 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhagyashree Dhamapurkar for plaintiff present. Adv. Ayyar for deft. no.4 present. Application for extension of time to comply the order passed in Ch/sum no.1713/18. O. Read application. Considering the reason, time is granted for compliance of the order by way of last chance. The matter is adjd for compliance to 23.03.2020. Judge 12/02/2020 SU 241/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Nukte for plaintiff present. Adv. Singh for deft. no.1 present. Reply filed by Adv. for deft. no.1 to N/M no.3062/19. T.O.R. The matter is adjd for hearing on N/M to 19.03.2020. Judge -- 9 of 16 -- Noting : 12.02.2020 10 C. R. No. 01 12/02/2020 SU 664/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Put case for dismissal order. The matter is adjd for dismissal to 07.04.2020. L.O. Adv. Sarita Donde for plaintiff present. Ld. counsel for plaintiff seeks extension of writ of summons. O. Granted. The matter is adjd for affidavit of service to 07.04.2020. Judge 12/02/2020 SU 4839/12 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. F.R.S.R. following order is passed ORDER 1. N/M No.29/18 stands rejected. 2. Cost in the cause. 3. N/M No.29/18 is disposed off accordingly. The matter is adjd for issues to 03.04.2020. Judge 12/02/2020 SU 3085/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present. Adv. Sayyad Iftkekhar for deft. no.2 present. F.R.S.R. following order is passed ORDER 1. N/M No.1701/19 stands rejected. 2. Cost in the cause. 3. N/M No.1701/19 is disposed off accordingly. The matter is adjd for admission and denial to 24.03.2020. Judge -- 10 of 16 -- Noting : 12.02.2020 11 C. R. No. 01 12/02/2020 SU 163/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Patil for plaintiff present. Deft. nos.1 and 3 present. Adv. Deogirikar for deft. no.3 present. F.R.S.R. following order is passed ORDER 1. N/M No.166/14 is partly allowed and is made absolute in terms of prayer clause (d). 2. Cost in the cause. 3. N/M No.166/14 is disposed off accordingly. The matter is adjd for issues to 04.04.2020. Judge -- 11 of 16 -- Noting : 12.02.2020 12 C. R. No. 01 12/02/2020 SU 3418/14 Exh.39 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Dandekar for plaintiff present. Adv. Aditya for deft. nos.1 and 3 present. Adv. for plaintiff tendered registered N/M no.367/20. T.O.R. Pursis filed by deft. no.1 in response to N/M no.367/20. O. Seen and filed. ORDER IN N/M NO.367/20 Heard. Ld. counsel for deft. no.1 submitted that the deft. is ready to deposit any amount upto Rs.1 Crore as this court directs. Ld. Counsel for plaintiff pointed out that in prayer (e) to the N/M, the plaintiff sought direction from this court against the deft. no.1 for furnishing bank guaranty. Ld. Counsel for deft. no.1 submitted that without prejudice to the right of deft. no.1, deft. no.1 is ready to deposit an amount of Rs.89 Lacs. Counsel for plaintiff has no objection for the same. The withdrawal of the amount by either of the party would be based upon the outcome of the judgment and none of the party would claim amount pending the suit. In view of the statement made by the parties to the suit, the N/M No.367/20 is disposed off accordingly with the direction as under (1) Deft. no.1 to deposit Rs.89 Lacs within a period of four weeks from today. (2) On deposit of amount, the deft. no.1 to inform the court. (3) The office is directed to invest the amount in fixed deposit till the disposal of the suit. The matter is adjd for evidence to 11.03.2020. Judge -- 12 of 16 -- Noting : 12.02.2020 13 C. R. No. 01 12/02/2020 SU 453/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Akshita Jain for plaintiff present. Adv. Majra for deft. no.2 present. ORDER IN N/M NO.2796/19 Heard. This N/M is tendered by deft. no.2 for condoning the delay of 325 days for filing the W/S. Ld. Counsel for deft. no.2 submitted that the deft. no.2 was served by private service on 23.02.2018. The deft. no.2 has filed N/M no.315/19 for dismissal of suit and the service of writ of summons was not effected in consonance with Order 5 Rule 1 of the C.P.C. He would submit that the said N/M came to be dismissed vide order dated 29.01.2019 and deft. no.2 was granted liberty to file W/S as a last chance. He would submit that the matter was posted on 22.02.2019 and 02.05.2019. On both these days, the court was on leave. On 22.07.2019, the deft. no.2 has tendered this N/M. He would submit that N/M and W/S was sworn on 22.07.2019. He would further submit that the delay is not deliberate and intentional. In support of his contention, he placed reliance upon judgment of Apex Court in the case of Shaikh Salim Haji Abdul Khayumsab V/s. Kumar and Ors. in Appeal (civil) 6907/2005 dated 18.11.2005 and also of the Hon'ble Delhi High Court in Smt. Prem Lata and Ors. V/s Shri. Rajender Soni dated 08.12.2005. N/M is vehemently opposed by the plaintiff on the count that the delay is deliberate and intentional. There is huge delay of 325 days without any plausible explanation. Inspite of the last chance granted to the deft. no.2 in N/M no.315/2019, the deft. no.2 failed to file W/S within stipulated time, hence prayed for dismissal of N/M. I had considered the rival submission. The reason given by the deft. no.2 that after dismissal of his N/M, he was supposed to file W/S on 22.02.2019 and the same was ready but as the court was vacant, he could not file the same. The said explanation does not appear to be plausible and justifiable. Be that as it may, the matter is not cropped for evidence. Substantial rights of the parties are involved. Technicalities cannot be pitted against the substantial rights. No prejudice would be caused to the plaintiff if W/S is taken on record. In dealing with such type of motions, there should not be hypertechnical and pedantic approach. To meet the end of justice, the motion needs -- 13 of 16 -- Noting : 12.02.2020 14 C. R. No. 01 contd... SU 453/18 Exh.4 consideration and the plaintiff can be compensated by imposing cost upon defendant no.2. Hence, it is expedient to pass the following order. ORDER 1. N/M No.2796/19 is made absolute in terms of prayer clause (a) subject to cost of Rs.7,500/ to be paid to the plaintiff within a period of three weeks from today. 2. Payment of cost is subject precedent. 3. On payment of cost, the W/S be taken on record. 4. N/M No.2796/19 is disposed off accordingly. Cost is paid in open Court by the counsel for deft. no.2 to the counsel for plaintiff, hence order is complied. W/S is taken on record. Copy of W/S is supplied to counsel for plaintiff. Written statement. O. Read and recorded. The matter is adjd for issues to 04.04.2020. Judge -- 14 of 16 -- Noting : 12.02.2020 15 C. R. No. 01 12/02/2020 SU 944/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Suresh Surve for plaintiff present. Adv. Manoj Kane for deft. nos.1 and 2 present. Plaintiff filed reply to N/M no.3154/19. T.O.R. ORDER IN N/M NO.3154/19 Heard. This N/M is tendered by defts. seeking condonation of delay in filing W/S. Counsel for defts. submitted that deft. no.1 is 78 years old and is not keeping well. He was admitted thrice in Lilawati Hospital for treatment of kidney and has to go for dialysis alternate day. Deft. no.2 has to take care of deft. no.1 and also she has to care of her husband who is handicapped. For the said reasons, defts. could not provide information to the advocate for filing W/S and therefore seeks leave of this court to file W/S. The N/M is opposed mainly on the ground that the reasons for delay are not justifiable. The defts. were casual in their approach. Deft. no.1 approached to Prothonotary Sr. Master, Hon'ble High Court for obtaining the certified copy of the testamentary petition. The decision of Prothonotary for granting certified copy to the deft. no.1 was challenged and it was held by the Hon'ble High Court that deft. no.1 is not entitled for certified copy. He would submit that sufficient cause is not made out by the deft. The contention of the defts. that deft. no.1 is unwell is not supported by any document. The reason assigned by the defts. do not appear to be justifiable. Be that as it may, the matter is not cropped up for evidence and is at initial stage. The delay is of two months 29 days. The substantial rights of the parties are involved. If hypertechnical and pedantic approach is taken in such type of matter, then it would amount to deny the substantial rights of the parties. No prejudice would be caused to the plaintiff if W/S is taken on record. It would be in the interest of parties if the matter is decided on merits. Hence, in the interest of justice, N/M needs consideration and therefore, it is expedient to pass the following order. ORDER 1. N/M No.3154/19 is made absolute in terms of prayer clause (a) subject to cost of Rs.2,500/ to be paid by defts. to plaintiff within a period of two weeks from today. 2. Payment of cost is subject precedent. -- 15 of 16 -- Noting : 12.02.2020 16 C. R. No. 01 contd... SU 944/19 3. On payment of cost, the W/S be taken on record. 4. N/M No.3154/19 is disposed off accordingly. The matter is adjd for compliance and reply on N/M to 26.03.2020. Judge Completed. -- 16 of 16 --
