Final Order 1

Order Details: Other
Pdf Text: Noting : 23/08/2019 1 C. R. No. 01
23/08/2019
SU-7250/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Remedies for plff. present.
Adv. M. Nawaz Haindaday I/b M. Arshad Haindaday for
deft no.1 present.
Ld. counsel for the deft submitted that the deft no.1 has
challenged the order of this court before Hon'ble High
Court, and therefore seeks adjournment.
Matter is adjd to 21.09.2019 for argument.
Judge
23/08/2019
SU-4191/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Neha S Choksi for pltff.
Adv. Rajesh Patil for deft no.1 present.
PW-1 is present.
Adjournment granted is last chance.
Matter is Adjd to 05.09.2019 for R.E.
Judge
23/08/2019
SU-7705/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for plff present.
Adv. Viven Pathare for deft present and seeks time.
Matter is adjourned to 13.09.2019.
Judge
23/08/2019
SU-7538/81
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mohamadi for plaintiff present.
Adv. Tejas Shah for 10 to 12 present.
The defendant has filed the reconstructed written
statement. Letters were issued to the Master and Assistant
Protonory but no communication is received. The plaintiff
by filing pursis at Exh. 42 raised objection to reconstruct
Written Statement filed on record. On perusal of the
record, it appears that the defendant nos. 10 to 12 have
earlier filed Written Statement and the issues were framed
by the Hon'ble High Court. The issue no. 8 suggest that
there was Written Statement of defendant no. 10,11 and
12. The defendant no.10 to 12 are directed to attach fresh
verification with the W/statement of the present Director of
the Company to avoid any future complication. Meanwhile
the Written Statement is taken on record and marked as
Exh. 43. If the Written Statement is received from the
Hon'ble High Court or anything otherwise pointed out by
the plaintiff in the copy of the Written Statement available
with him the same would be taken into consideration
providing opportunity to the parties.
Matter is adjourned to 03.09.2019 for r/evidence.
Judge
23/08/2019
SU-1374/14
Exh. 15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Charushila Gole for plaintiff present.
None present for defendant
Adjourned to 27.09.2019 for arguments.
L.O. at 1.37 pm
Advocate Kashid for plaintiff present and filed Written
arguments. T.O.R. and marked at Exh. 15.
Adjd. for Judgment to 27.09.2019. Judge
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Noting : 23/08/2019 2 C. R. No. 01
23/08/2019
SU-4442/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Surve for plaintiff present.
None present for defendants.
Adjourned to 15.10.2019 for R.E.
Judge
23/08/2019
SU-1966/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mansi Giri for plaintiff present and seeks adjournment.
Adv. Hansaraj Morya for defendant no. 1 to 3 present.
Matter adjd. as a last chance to 16.10.2019.
Judge
23/08/2019
SU-471/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Sita Yadav for plaintiff and seeks adjournment.
Adv. Abhijeet Barve for defendant present.
Matter adj. for R.E to 17.10.2019.
Judge
23/08/2019
SU-3776/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present, his adv. absent.
None present for defendants.
Adjourned for framing issues to 31.10.2019.
Judge
23/08/2019
SU-3414/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Priti Singh for plaintiff present.
None present for defendants.
Adjourned for framing issues to 21.09.2019.
Judge
23/08/2019
SU-1765/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for plaintiff present.
Defendant present . His advocate absent.
The document at Sr. no. 1 is the copy of roznama but it is
not certified copy. Hence, it is not marked as Exhibit. The
documents at Sr. no. 2 are the certified copies of arbitration
petition, the document at Sr. no. 3 is certified copy of
Chamber summons alongwith affidavit in support,
Document at Sr. no. 4 is certified copy of the Site Report of
the Court Receiver. These documents are the certified copy
of the proceedings. The Ld. Counsel for the plaintiff
objected on the count that the contents of the documents
are not admitted by the plaintiff. These documents are the
certified copies of the proceeding, and therefore, those are
marked Exhibits accordingly.
Exh. 40 Colly – Copy of Arbitration Petition no. 751 of 2014
alongwith the exhibits.
Exh. 41 Colly- Copy of the Chamber Summons NO. 604/16
alongwith the Affidavit in Support.
Exh. 42 Colly- Site Report prepared by the office of the
Court Receiver.
The document at Sr. No. 5 are the certified copies of court's
order. Hence, the same are also marked exhibit.
Exh. 43 Colly- Orders at Sr. no. 5 of the 2nd Compilation of
Documents.
Adjourned for cross-examination to 27.09.2019.
Judge
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Noting : 23/08/2019 3 C. R. No. 01
23/08/2019
SU-470/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Sita Yadav for plaintiff present.
Adv. Abhijeet Barve for defendant present.
Say not filed by the defendants. Last chance is granted to
defendant to file say.
Matter adj. for say to 17.10.2019.
Judge
23/08/2019
SU-472/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Sita Yadav for plaintiff present.
Adv. Abhijeet Barve for defendant present.
Say not filed by the defendants. Last chance is granted to
defendant to file say.
Matter adj. for say to 17.10.2019.
Judge
23/08/2019
SU-4634/11
Exh. 12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Poonam Tiwari for plaintiff present with plaintiff and
filed evidence closed pursis at Exh. 12.
None present for defendants.
Adjourned for Ex-parte hearing to 04.10.2019.
Judge
23/08/2019
SU-2354/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
None present for defendant.
Plaintiff failed to complied the order dtd. 01.02.2019.
Hence, matter to proceed further.
Adjourned for orders to 03.10.2019.
Judge
23/08/2019
SU-71/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Mohalkar for defendant no. 1 and 3 present and
submitted that the matter is stayed by Hon'ble Supreme
Court.
Adv. Nidhi Ahir for defendant no. 2 and 4 to 7 present.
Adjourned to 18.11.2019.
Judge
23/08/2019
SU-5/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. K. Rai for plaintiff present and seeks time for
extension of writ of summons to serve defendant no. 2 to
5. Writ of summons is extended to serve defendant no. 2 to
5
None present for defendant.
Adjourned for service of writ of summons to 10.10.2019.
Judge
23/08/2019
Commercial
15/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sarita Dahiwale for plaintiff present and seeks time for
filling affidavit of service.
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Noting : 23/08/2019 4 C. R. No. 01
None present for defendants
Adjourned for service to 11.09.2019.
Judge
23/08/2019
SU-3894/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shasidharan for plaintiff present.
Adv. D'souza for defendant no. 1 and 2 present.
PW 1 again on S.A.
Cross-examination of PW-1 is partly recorded.
Ex.37-The document I-10
Ex.38- The document at I-12
Ex.39- Exh. 'F' dated 25.5.2009 of the W/Statement
Ex.40- Exh. 'J' to the W/Statement.
Ex.41- Reply of the society dtd. 27.02.2009.
Further cross examination is deferred till 31.08.2019.
Judge
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Noting : 23/08/2019 5 C. R. No. 01
23/08/2019
SU-4442/09
Exh. 03
Exh. 04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Surve for plaintiff present.
None present for defendants.
Affidavit of evidence of Plaintiff Mr. Sabu Sathyan.
List of documents
O-Call say of defendants.
Adjourned to 15.10.2019 for R.E.
Judge
23/08/2019
SU-6121/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Prabhu for plaintiff present.
Advocate for defendant no. 1 present.
Adv. Prajakta Sakpal for defendant no. 2 present.
The Ld. Advocate for defendant no. 1 seeks time for hearing
on NM. NM is pending since 2017. Matter is of year 2006.
Twice last chance was granted.
Put for dismissal of NM to 17.09.2019.
Judge
23/08/2019
SU-8801/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Menezis for plaintiff present.
Advocate Mamata Singh for defendant no. 7 present and
seeking time for filling reply on C/S.
Adjourned for C/S reply to 09.09.2019.
Judge
23/08/2019
SU-1167/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Priyanka Upadhyay for plaintiff present.
None present for defendant.
On perusal of affidavit of service it appears that the
defendant was served by speed post. The defendant failed
to appears. Hence, suit to proceed Ex-parte against
defendant.
Adjourned for NM hearing to 07.10.2019
Judge
23/08/2019
SU-2332/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Advocate Sunil Shroff for defendant present.
The advocate for defendant submit that he wish to carry
out amendment in the W.S. and reply. He seeks time for
hearing on NM.
Adjourned for NM hearing to 04.10.2019.
Judge
23/08/2019
SU-4908/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr. Day for plaintiff present.
Advocate Kenjal Upadhyay for defendant no.1 present and
seeking time to file reply. Last chance is granted.
Adjourned for NM reply to 01.10.2019.
Judge
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Noting : 23/08/2019 6 C. R. No. 01
23/08/2019
SU-2399/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr. D'souza for plaintiff present.
Advocate Mr. Pande for defendant no. 1 present.
Manager of the society is present.
On perusal of the record it appears that, the defendant no.
1 has not filed the W.S. despite the service of writ of
summons in November-2018, the counsel for the defendant
no. 1 is appeared in this court on 26.11.2018. The
defendant no. 2 was also served with writ of summons on
04.10.2018. The defendant no. 1 and 2 failed to file W.S.
within the period of 30 days or 90 days despite the service
of writ of summons. Hence, suit is proceed without W.S.
against defendant no. 1 and 2. Defendant no. 2 failed to file
reply to NM. NM to proceed without reply of defendant no.
2.
Ld. Counsel for defendant no. 1 seeks time to file reply.
Adjourned for NM reply to 14.10.2019.
Judge
23/08/2019
SU-2489/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate for plaintiff present and filed say on NM.
None present for defendant.
Adjourned for NM hearing to 01.10.2019.
Judge
23/08/2019
SU-2882/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr. Sameer Sawant for plaintiff present.
Advocate Mr. Sharma for defendant nos. 1 to 9 present and
filed draft NM. Leave is granted to register NM. Copy
supplied to the plaintiff.
Advocate Mr. Dhananjay Joshi for defendant no.10 present.
Adjourned for NM reply to 15.10.2019.
Judge
23/08/2019
SU-2883/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr. Sameer Sawant for plaintiff present.
Advocate Mr. Sharma for defendant nos. 1 to 9 present and
filed draft NM. Leave is granted to register NM. Copy
supplied to the plaintiff.
Advocate Mr. Dhananjay Joshi for defendant no.10 present.
Adjourned for NM reply to 15.10.2019.
Judge
23/08/2019
SU-3037/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Vijay Zha for plaintiff present and seeks time to
file reply to NM filed by defendant. Plaintiff also seeks time
to file rejoinder to the reply of the respondent and the
defendant no. 1.
Defendant present.
Advocate Amit Kherada for respondent in C/S present.
Adjourned for NM reply/rejoinder to 15.10.2019.
Judge
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Noting : 23/08/2019 7 C. R. No. 01
23/08/2019
SU-1583/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Muftiyar for plaintiff present and seeks time for
hearing on NM.
Advocate Ketaki Rege for defendant present.
Adjourned for NM hearing to 25.09.2019.
Judge
23/08/2019
SU-916/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Vijay Tondwalkar for plaintiff present and seeks
time for hearing on NM.
Defendant present.
Adjourned for NM hearing to 11.10.2019.
Judge
23/08/2019
SU-394/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is already disposed of.
Judge
23/08/2019
SU-3722/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate for plaintiff present.
Advocate Rajabally for defendant no. 1 present.
Heard arguments of both the sides on NM.
Adjourned for NM orders to 30.08.2019.
Judge
23/08/2019
St. No.
11779/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
None present for defendant.
Adjourned for NM hearing to 14.10.2019
Judge
23/08/2019
SU-470/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate for plaintiff present.
Advocate for defendant present.
Adjourned for reply 07.10.2019.
Judge
23/08/2019
SU-2322/19
Exh. 03
Exh. 04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate for plaintiff present and filed registered NM No.
3118/19.
Advocate Nikita Mishra for defendant present and filed
vakalatnama at Exh. 03.
Advocate for plaintiff filed application of withdrawal of the
suit and submitted that the order dated 09.08.2019 was
challenge before the Hon'ble High Court. The plaintiff and
defendant compromised the matter before the Hon'ble High
Court. Accordingly Hon'ble High Court directed for
dismissal of the suit as withdrawn. The formal application
Exh. 04 has been filed. In view of the order of the Hon'ble
High Court in Appeal No. 22978/19 and the statement of
the parties it is expedient to pass following order:
1. Suit is dismissed as withdrawn.
2. NM No. 3118/19 is also disposed of accordingly.
3. Parties to bear their own cost.
Judge
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Noting : 23/08/2019 8 C. R. No. 01
23/08/2019
SU-1865/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr. Puranik for plaintiff present.
None present for defendant.
Adjourned for NM hearing to 23.09.2019.
Judge
23/08/2019
S.C. 983/04
Exh. 155
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Mr. Arote for State present.
Accused on bail absent.
Advocate Mr. Bhanushali for accused present.
Exemption application on behalf of accused.
Order- Exempted for today.
Adjourned for arguments to 30.08.2019.
Judge
23/08/2019
S.C. 984/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Mr. Arote for State present.
Accused on bail present.
Advocate Mr. Pasbola for accused present.
Heard further arguments of advocate Mr. Pasbola.
Adjourned for further arguments to 30.08.2019.
Judge
23/08/2019
SU-453/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Akshita Jain for plaintiff present.
Advocate Sakina for defendant no. 2 present.
The Court is busy in hearing argument in SC.no.983/2004
and SC.no.984/2004, hence adjd. to 29.8.2019 for order.
Judge
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Noting : 23/08/2019 9 C. R. No. 01
23/08/2019
SU-247/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Neeta Gaikwad for plaintiff present.
Advocate for defendant present.
The Court is busy in hearing argument in SC.no.983/2004
and SC.no.984/2004, hence adjd. to 30.8.2019 for order.
Judge
23/08/2019
SU-3392/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The Court is busy in hearing argument in SC.no.983/2004
and SC.no.984/2004, hence adjd. to 31.8.2019 for order.
Judge
23/08/2019
E.A. 280/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr.Agarwal for Decree Holder present.
The Court is busy in hearing argument in SC.no.983/2004
and SC.no.984/2004, hence adjd. to 31.8.2019 for order.
Judge
23/08/2019
E.A. 52/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Dhananjay Bhosale for Decree Holder present.
Heard advocate for Decree Holder.
The Court is busy in hearing argument in SC.no.983/2004
and SC.no.984/2004, hence adjd. to 31.8.2019 for order.
Judge
23/08/2019
M.A. 22/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr.Agarwal for Decree Holder present.
The Court is busy in hearing argument in SC.no.983/2004
and SC.no.984/2004, hence adjd. to 31.8.2019 for order.
Judge
23/08/2019
M.A. 23/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Advocate Mr.Agarwal for Decree Holder present.
The Court is busy in hearing argument in SC.no.983/2004
and SC.no.984/2004, hence adjd. to 31.8.2019 for order.
Judge
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