Final Order 1

Order Details: Other
Pdf Text: Noting : 05/09/2019 1 C. R. No. 01
05/09/2019
Sr. no. 1
SU-7393/06
Ex.34
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Ld. advocate Mr.Anil Mishra for defendant no.2 present
Ld. advocate Ms. Beerta Bajwa for the plaintiff present
Application for adjournment on which following order is
passed:-
ORDER
Read application. Considering the reason mentioned,
adjournment is granted but cannot be extended for a
month.
Matter stands adjn. for the argument to 26.09.19
Judge
05/09/2019
SU-4939/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for the plaintiff present
Adv. Anand for defendant no.2 present
Adv. Naveli for defendant nos.3 and 4 present.
Adv. Joshi for defendants present.
The Ld. Counsel for the plaintiff submitted that PW-1 has
gone to his native place for Ganpati festival. Hence, seeks
adjournment. The matter is adjourned for cross
examination to 24.09.19.
Judge
05/09/2019
SU-294/88
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Suit is stayed by the Hon'ble High Court. Hence,
Matter is adjn as stayed to 14/10/2019.
Judge
05/09/2019
SU-1246/2014
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Desai for the plaintiff present
Adv. for plaintiff seeks time to adduce the evidence. Time is
granted as a last chance.
Hence, matter adjn to 27.09.19 for R/E.
Judge
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Noting : 05/09/2019 2 C. R. No. 01
05/09/2019
SU-1501/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sandeep Ghogare for the plaintiff present
Defendant present
Defendant submitted that his advocate is not available and
seeks time to file say on Ex.6.
Time is granted as a last chance.
Adjourned to 21/10/2019 for R/E.
Judge
05/09/2019
SU-4132/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Potnis for the plaintiff present
Adv. Ms.Khatun for defendant present
Ld. Counsel for the plaintiff submitted that PW-1 is unable
to attend the court due to his personal difficulty. Hence,
seeks adjournment.
The matter stands adjn for R/E .P. H. to 30.09.19.
Judge
05/09/2019
SU-1628/13
Ex.25
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms.Snehal Mody for the plaintiff present
Defendant no.4 present
Adjournment application filed by the plaintiff
ORDER
Read application. Considering the reason adjournment is
granted.
Matter adjn to 10.10.19 for R. E. P. H.
Judge
05/09/2019
SU-75/19
(commercial
suit)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of the plaintiff.
Issue writ of summons for service to defendant nos.1 to 3.
Matter adjn to 19.10.19 for writ of summons.
Judge
05/09/2019
SU-2228/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present/Defendant nos.1 and 2 present
Adv. Waghmare for the defendant present
The plaintiff seeks time to engage new advocate.
Matter adjn for dismissal to 10.10.19.
Judge
-- 2 of 10 --
Noting : 05/09/2019 3 C. R. No. 01
05/09/2019
SU-51/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff
Adv. Yahya Ghoghari with Trishma Agrawal for defendant
no. 1 to 3 present
The Ld. Counsel for defendant no. 1 to 3 seeks time to file
say on Ex-6.
Matter adjn for say and hearing on Ex-6 to 15.10.19
Later On
Adv. Smita Pingale for plaintiff present.
Judge
05/09/2019
SU-4575/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Trishma Agrawal for plaintiff present.
None present for defendant.
Matter adjn for say and hearing on admissibility of
documents to 15.10.19.
Judge
05/09/2019
SU-4306/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhat for plaintiff present.
Adv. Manish Kelakar for defendant no. 4 present and seeks
time to produce original documents on record.
Matter adjn for filing documents by defendant no. 4 to
09.10.19.
Judge
05/09/2019
SU-242/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Murudkar for plaintiff present and seeks time for filing
documents.
None present for defendant.
Matter adjn for filing documents/evidence to 10.10.19.
Judge
05/09/2019
SU-2223/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Keep Back
Later on
Ld. counsel for plaintiff present and she seek time to file
draft issues.
Matter adjn to 14.10.19 for framing issues.
Judge
-- 3 of 10 --
Noting : 05/09/2019 4 C. R. No. 01
05/09/2019
SU-06/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Matter adjn for framing issues to 19.10.19.
Judge
05/09/2019
SU-7034/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shruti Keer for plaintiff present and filed say on Ex-34.
Adv. Chipade for defendant no. 2 present.
Matter adjn for hearing on Ex-34 to 15.10.19.
Judge
05/09/2019
SU-751/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for defendant present.
Heard LC for defendant.
Matter adjn for further arguments to 14.10.19.
Judge
05/09/2019
SU-4191/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present. Adv. Choksi for plaintiff present.
Adv. Jain for defendant no. 1 present.
Adv. Kamble for defendant no. 5(a) to 5(f) present.
K.B.
Later on at 1.55pm-
Adv. Mr.Rajan Yadav for deft no.1 and 2 is present. He
seeks time to cross examination of plaintiff. Time is granted,
subject to cost of Rs.1000/-
Matter is adjd. to 27.09.2019 for R/E.
Judge
05/09/2019
SU-9797/82
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhakti Jogal for plaintiff present.
Adv. Manisha Tarkar for defendant present.
Witness not present. Ld submitted that the defendant will
take steps to serve the witness.
Matter adjn to 17.09.19 for taking steps.
Judge
-- 4 of 10 --
Noting : 05/09/2019 5 C. R. No. 01
2.45 pm
05/09/2019
4
SU-8811/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mehta for plaintiff present.
Adv. Siddhanth for defendant present.
Plaintiff files sur rejoinder to the affidavit of rejoinder.(NM
no. 1752/12)
Matter stands adjn for NM hearing to 25.09.19
Judge
05/09/2019
8
SU-6194/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anand for plaintiff present.
Adv. Nirav Shah for defendant no. 1 present.
Adv. Suarabh Mishra for defendant no. 4,5,7, 8, 14 15, 18
and 19 present and he submitted that these defendants will
argue on the NM tendered by defendant no. 1.
Adv. D'souza for defendant no. 11 present and seeks time to
file reply. Granted as a last chance.
Ld. counsel for plaintiff seeks time to file reply on Exh.-27
granted as a last chance.
Matter stands adjn for reply on Ex-27 to 23.09.19.
Judge
05/09/2019
14
SU-479/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sandip Thorat for plaintiff present.
D-4 was served with writ of summons but fail to appear
Hence, suit to proceed against exparte against defendant
no. 4. plaintiff to take steps to serve defendant no. 2, 3 and
5.
None present for defendant.
Matter stands adjn. for taking steps to 15.10.19.
Judge
05/09/2019
17
SU 3293/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. K. D. Jha for plaintiff present.
Adv. Pini Pathak for defendant no. 1, 1(a) and 1 (b)
present.
Ld. counsel for plaintiff seeks time to file affidavit in respect
of servie to D-3 and rejoinder to reply to the CS.
Matter stands adjn. For compliance/rejoinder/ hearing on
NM and CS to 4.10.19
-- 5 of 10 --
Noting : 05/09/2019 6 C. R. No. 01
Judge
05/09/2019
19
SU-975/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhate h/f adv. Dalavi for plaintiff present.
Adv. Ziya for defendant no. 1 and 2 present and undertakes
to file VP.
Adv. Soni for defendant no. 4 present.
Defendant no. 3 failed to file WS. Hence, the suit to
proceed without WS of defendant no. 3.
Plaintiff filed additional affidavit.
Reply to additional affidavit by defendant no. 1 and 2 if any.
Ld. Counself for defendant no. 4 submitted that he will not
file reply to additional affidavit.
Matter stands adjn for reply and hearing on NM to
23.10.19
Judge
05/09/2019
21
SU 2379/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Aparna for defendant present.
Ld. counsel for defendant submitted that she supplied the
copy of reply to the advocate of the plaintiff.
Matter stands adjn for hearing on NM to 03.10.19.
Judge
-- 6 of 10 --
Noting : 05/09/2019 7 C. R. No. 01
05/09/2019
24
SU-1400/18
Ex-8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present
Adv. Hegade for plaintiff present.
Adv. Kamble for defendant no. 2 to 4 present.
Plaintiff filed pusis. Plaintiff submitted that wants the
withdraw the suit and NM no. 2292/18.
Order below Ex-8.
Read pursis Ex-8. Verified from the Plaintiff about the
contents in the pursis. Plaintiff submitted that he wish to
withdraw the suit. Hence, it is expedient to pass following
order.
Order
1. Suit is disposed of as withdrawn.
2. No order as costs.
3. Court fees be refunded as per rules.
4. NM no. 2292/18 is also disposed of accordingly
Judge
05/09/2019
29
EA-242/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonal Avasti for DH present.
Adv. Ranade for JD present.
The counsel for the original defendant seeks time for
hearing on CS. It seems that since long CS is pending.
Already on several occation last chance was granted for
hearing. Put CS for order.
Matter stands adjn for order to 04.11.19.
Judge
-- 7 of 10 --
Noting : 05/09/2019 8 C. R. No. 01
05/09/2019
30
SU-4321/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Faran Dubhash for plaintiff present and tendered
Original CS no. 1494/19 along with affidavit.
Adv. Kapadia for defendant no. 1 present.
Adv. Doshi for defendant no. 2 present.
Order below on CS no. 741/09
Heard by this CS plaintiff wish to amend the plaint by
deleting defendant no. 3 from the cause title and certain
other amendment relating to defendant no. 3.
Ld. Counsel for the plaintiff submitted that defendant no. 3
passed away on 11.01.19 and therefore amendment in that
regard is necessary.
The LC for defendant no. 1 submitted that the defendant
no. 1 has no objection to the extent of schedule no. 1 and 3.
LC for defendant no. 2 also have no objection for allowing
the CS.
The death certificate of Defendant no. 3 is attached with
the affidavit. In view of the death of Defendant no. 3 the CS
needs consideration and hence, it is expedient to passed
following order.
Order
1. CS no. 741/19 is made absolute in terms of paryer
clause (a) only to the extent of sr. no. 1 and 3 o f the
schedule.
2. Plaintiff to carry out necessary amendment within
period 14 days from today.
3. CS no. 741/19 is disposed of accordingly.
CS no. 1494/19 in NM no. 1182/19. Heard. The plaintiff
has taken out this CS for inspection of the Fixed Deposit
Receipt mentioned in NM no. 1182/19 taken out by
Defendant no. 1. The defendant no. 1 is ready to give the
inspection and had given the inspection the fixed deposit
receipt. Hence, in view of the matter the prayer in the CS
does not survive. Hence, it is expedient to pass followed
order.
Order
CS 1494/19 is disposed of as complied.
-- 8 of 10 --
Noting : 05/09/2019 9 C. R. No. 01
Matter stands adjn for hearing/settlement to 05.10.19.
Judge
05/09/2019
37
SU-1236/14
Ex-86
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Savitri for plaintiff present.
Adv. Agrawal for defendant no. 2 present.
PW-7 Vinayak Raghunath Velhankar resumed on S.A.
Cross examination of PW-7 Vinayak Raghunath Velhankar
by Adv. R. K. Agrawal for defendant no. 2 is concluded.
Application for issueance of witness summons to the
Manager of Bank of Maharashtra of Mahim branch.
O-Read application. Heard. Issue witness summons to the
Bank Manager of Bank of Maharashtra of Mahim branch for
adducing evidence and to produce documents as per the list
annexed to summons.
Matter stands adjn for R. E. P. H. to 17.09.19.
Judge
05/09/2019
43
SU- 318/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. for plaintiff present.
Adv. for defendant present.
Matter stands adjn. for
Judge
05/09/2019
46
SU 1372/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prerana Pagare for plaintiff present and tendered draft
CS along with affidavit. Leave granted to register Draft CS.
LC for plaintiff mades the statement that copy of draft CS
served to defendant.
None present for defendant.
Matter stands adjn for reply and taking steps to 14.10.19.
Judge
05/09/2019
41
SU 404/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Matter stands adjn. For admissibility of documents to
21.10.19
Judge
05/09/2019
EA 4/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. for Nitin Borkar for DH present and seeks time for
hearing.
-- 9 of 10 --
Noting : 05/09/2019 10 C. R. No. 01
None present for JD.
Matter adjn for hearing to 14.10.19
Judge
05/09/2019
SU 318/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Saket Chavan for defendant present.
Matter adjn for order to 13.09.19.
Judge
05/09/2019
SU 247/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Court is busy in hearing arguments in suit no 751/19.
Hence, Matter adjn for order to 11.09.19
Judg05
07/09/2019
SC-983/04
Exh. 157
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP absent.
Accused on bail absent.
Adv. Ghogare h/f Adv. Bhanushali for accused present.
Exemption application filed on behalf of accused.
O-Exempted for today.
The Ld. Advocate for accused seeks time.
Adjourned for argument to
Judge
07/09/2019
SC-984/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP absent.
Accused on bail absent.
Adv. Mr.Nargis Khan h/f Adv. Pasbola for accused present.
Ex.149- Exemption application filed on behalf of accused.
O-Exempted for today.
The Ld. Advocate for accused seeks time.
Adjourned for argument to
Judge
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