Final Order 4

Order Details: Other
Pdf Text: 03/01/2020
SU- 8811/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dhvani Mehta for plaintiff present.
Adv. Vatsal Parekh for deft. present.
Ld. counsel for deft. tendered hard copy of the order of
Hon'ble High Court dated 12.12.2019 in Writ Petition
(stamp) no.30684/2019. The Hon'ble High Court directed
this court to defer the hearing in the suit after 07.01.2020
hence, in view of the direction of the Hon'ble High Court,
the matter is adjd for say on compilation of documents to
21.01.2020.
Judge
03/01/2020
SU- 2417/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of plaintiff.
Plaintiff failed to file the affidavit of service. Last chance
was granted. Put the case for dismissal order.
The matter is adjd for dismissal to 26.02.2020.
Judge
03/01/2020
SU- 3648/13
Exh.5-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sunita Sonawane for plaintiff present.
Adv. Sumedha Sawant along with Adv. Inamdar for deft.
present.
Statement of admission and denial filed by deft.
O. - Seen.
The matter is adjd for hearing on admission and denial to
06.02.2020.
Judge
03/01/2020
SU- 7538/81
Exh.43-B
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Veer Ashar for plaintiff present.
Adv. Narayanan for deft. nos.10 to 12 present.
Further additional written statement of the deft. nos.10
and 11. T.O.R.
O. - Read and recorded.
The additional written statements have been filed. It
appears that additional issue, if any, is required to be
framed.
The matter is adjd for additional issue, if any to
09.01.2020.
Judge
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03/01/2020
SU- 7485/83
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vaishali Chaturvedi along with Adv. Dalal for plaintiff
present.
Deft. no.1(bb) present.
Deft. no.2 present.
Adv. Mr. Almeda for deft. no.6 present.
F.R.S.R. following order is passed below Exh.53 -
ORDER
1. The application (Exh.53) is rejected.
2. Cost in the cause.
3. The application (Exh.53) is disposed off accordingly.
F.R.S.R. following order is passed below Exh.54 -
ORDER
1. The application (Exh.54) is allowed.
2. The contents in affidavit of examination in chief
(Exh.50) as regard the contention of reversionary rights,
being not relevant, will not be read in evidence.
3. The defendant nos.1(b), 2, 4 and the other parties
who intend to cross examine the defendant no.1(bb) are
not required to cross examine him in respect of the
deposition of the reversionary right wherever mentioned
in affidavit of examination in chief (Exh.50).
4. The application (Exh.54) is disposed off accordingly.
The matter is adjd for cross examination of DW-1 to
15.01.2020 at 12.00 noon.
Judge
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03/01/2020
SU- 7773/98
Exh.58
Exh.59
Exh.60
Exh.61
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sagar Vichare along with Smita Sawant for plaintiff
present.
Adv. Prem Gidwani for deft. nos.2, 3, 7 to 11, 15, 16, 33
and 34 present.
Adv. Mr. Pankaj Shah for deft. nos.18 to 24, 27 to 32
present.
Deft. no.21 present.
ORDER BELOW EXH.56
The existence of document at Sr. no.1 is not disputed by
plaintiff but its contents are denied. Deft. no.21 has
adduced the evidence as regards the said document and
even, he is signatory of the document, therefore the
document is marked as Exh.58. The document at Sr. no.2
to 4 are the photocopy, therefore, those are inadmissible
in evidence. Document at Sr. no.5 is not disputed by the
plaintiff hence it is marked as Exh.59. The document at
Sr. no.6 is not addressed to the plaintiff. The said
document is original and as to how, the custody of the
said document is with the witness when it was addressed
to the bank is not coming forward. Merely, identifying the
signature would not be sufficient to exhibit the document.
Ld. Counsel for plaintiff submitted that there is no
evidence as regard the document at Sr. no.7. In the
evidence, there is reference that the exhibit no.7 is
sanction letter dated 12.09.2002. The letter is addressed
to the defendant no.21 by the bank. The document is
marked as Exh.60. The document at Sr. no.8 is the loan
agreement of the deft. no.21 with ICICI Bank, hence it is
marked as Exh.61.
Copy of original agreement dated 16.09.2002.
Photo copy of the zerox copy of the search report dated
26.12.2014.
Application for housing loan from ICICI Home Finance
Company Ltd. for application no.2164963.
Original copy of the loan agreement dated 23.09.2002.
The matter is adjd for cross examination of DW-1 by deft.
nos.2, 3, 7 to 11, 15, 16, 33 and 34/plaintiff to
27.01.2020.
Judge
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03/01/2020
SU- 8170/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Khan Farhana along with Kalpesh Nansi for
plaintiff present. Plaintiff present.
None present on behalf of deft. Say not filed on Exh.27.
ORDER BELOW EXH.27
Read application. Heard. Ld. Counsel for plaintiff
submitted that as per order dated 05.05.2005 of the
Hon'ble High Court in N/M no.1356/2005, the original
document was in custody and possession of Prothonotary
and Senior Master, Hon'ble High Court, Bombay.
Therefore, the plaintiff has produced the photocopy of the
document. On the application of the plaintiff, the original
document is received by this court. The plaintiff wish to
prove the said document in his evidence and therefore,
submitted for recalling of the witness. The PW-1 was not
cross examined and on 24.10.2018, no cross order was
passed. Thereafter, the evidence of PW-2 was filed and he
was also not cross examined. The original document was
not in the custody of the plaintiff and it was lying with the
Prothonotary and Senior Master. Now, the document is
received from the office of Prothonotary and Senior
Master, Hon'ble High Court, Bombay. The PW-1 has not
been cross examined and therefore, no prejudice would
be caused to the defendants, if the plaintiff is permitted to
lead additional evidence of PW-1. Even otherwise, the
defendants did not choose to give their reply on this
application. Considering the circumstances under which
the document was not in the custody of the plaintiff and
in the interest of justice for giving fair opportunity to the
plaintiff, the application needs consideration and it is
expedient to pass the following order.
ORDER
1. The application (Exh.27) is allowed.
2. The plaintiff is permitted to lead additional evidence
only to the extent of the document received from the
office of Prothonotary and Senior Master, Hon'ble High
Court, Bombay.
3. Cost in the cause.
4. The application (Exh.27) is disposed off accordingly.
The matter is adjd for additional evidence to 05.02.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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COMM
SU- 160/19
Exh.8-A
Adv. Mr. Patil for plaintiff present.
Deft. present.
K.B.
L.O.
Adv. Mr. Patil for plaintiff present.
Adv. Sana Khan for deft. present.
Affidavit of defendant for denial of documents relied upon
by plaintiffs. T.O.R.
The verification of written statement was already
completed on 13.12.2019. Hence, the matter is placed for
issues.
The matter is adjd for issues to 15.01.2020.
L.O.
Adv. Mr. Patil tendered draft N/M. Leave is granted to
register it. Copy is supplied to Adv. for deft.
The matter is adjd for reply to N/M and issues to
15.01.2020.
Judge
03/01/2020
SU- 2803/18
Exh.30
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Singh along with Shukla for plaintiff present.
Adv. Rapolu for deft. nos.1 to 6 and 10 present.
PW-2 present.
Cross examination of PW-2 is resumed and completed by
Adv. Rapolu.
Evidence closing pursis filed by plaintiff.
O. - Seen and filed.
The matter is adjd for evidence of defendant to
22.01.2020.
Judge
03/01/2020
SU- 2804/18
Exh.28
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Singh along with Shukla for plaintiff present.
Adv. Rapolu for deft. nos.1 to 6 and 10 present.
PW-2 present.
Cross examination of PW-2 is resumed and completed by
Adv. Rapolu.
Evidence closing pursis filed by plaintiff.
O. - Seen and filed.
The matter is adjd for evidence of defendant to
22.01.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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Exe. Apln.
19/18
None present for DH.
Adv. Ankit Rajput for JD no.1(a), (b) and (c) and 2(b)
present and submitted that Court receiver's meeting is
fixed on 10.01.2020 for taking steps. Hence, the matter is
adjd for appearance and report of Court Receiver to
07.02.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 6 of 14 --
COMM
SU- 161/19
Exh.8-A
Adv. Mr. Patil for plaintiff present.
Deft. present.
K.B.
L.O.
Adv. Mr. Patil for plaintiff present.
Adv. Sana Khan for deft. present.
Affidavit of defendant for denial of documents relied upon
by plaintiffs. T.O.R.
The verification of written statement was already
completed on 13.12.2019. Hence, the matter is placed for
issues.
The matter is adjd for issues to 15.01.2020.
L.O.
Adv. Mr. Patil tendered draft N/M. Leave is granted to
register it. Copy is supplied to Adv. for deft.
The matter is adjd for reply to N/M and issues to
15.01.2020.
Judge
03/01/2020
SU- 2417/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Lolge for plaintiff present.
Adv. Anand Pujari for defts. present.
Ld. counsel for plaintiff seeks time for making her
submission on the judgment cited by defts. Granted.
The matter is adjd for arguments to 20.01.2020.
Judge
03/01/2020
SU- 2629/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bilve for plaintiff present.
None for deft.
Ld. counsel for plaintiff submitted that he has to take
instruction from plaintiff for further proceeding in the
matter.
The matter is adjd for hearing on preliminary issue to
24.03.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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SU- 504/14
Exh.7
Exh.8
Adv. Ajay Mistry for plaintiff present.
Adv. Shivaji Yadav for deft. no.1 present.
Application filed for extension of time for compliance of
order dated 03.12.2019.
O. - Read application. Heard. Deft. no.1 is ready to give
the cost immediately to the plaintiff hence, the deft. no.1
is permitted to pay the cost to the plaintiff.
Deft. no.1 has complied the order dated 03.12.2019
hence W/S is taken on record.
Written statement.
O. - Read and recorded.
ORDER IN N/M NO.2733/16
As this N/M is withdrawn by the plaintiff, hence, it is
disposed as withdrawn.
The matter is adjd for issues to 05.02.2020.
Judge
03/01/2020
SU- 1368/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. Chirag Gandhi 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 28.01.2020.
Judge
03/01/2020
SU- 2392/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rakesh Pathak for plaintiff present.
None for deft.
Last chance is granted to deft. to file reply.
The matter is adjd for reply to N/M to 12.02.2020.
Judge
03/01/2020
SU- 7449/80
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Mr. Athawale for plaintiff present.
Draft N/M tendered by plaintiff. Leave is granted to
register it.
The matter is already adjd to 08.01.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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SU- 3179/19
Exh.1
Exh.2
Exh.3
Exh.4
Exh.5
Adv. Qureshi for plaintiff present.
Adv. Mishra for deft. present.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Vakalatnama filed by Adv. for deft. T.O.R.
O. - Seen and filed.
Plaintiff to get registered N/M. The Ld. Counsel for deft.
waived the writ of summons and seeks time to file reply
and written statement.
The matter is adjd for reply to N/M/written statement to
31.01.2020.
Judge
03/01/2020
SU- 1544/16
Exh.3
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dubey for plaintiff present.
Adv. Saikumar for deft. no.2 present.
Application for removal of caption of dismissal of
Chamber summons.
O.- The order of dismissal is called back.
Adv. for deft. no.2 filed application for placing on record
11 documents supporting the case of defendant no.2.
O. - Production of documents is allowed subject to its
admissibility in evidence.
Ld. counsel for the plaintiff seeks time to file service
affidavit in respect of service to proposed deft. Copy of
the Ch/sum is supplied to counsel for deft. no.2.
The matter is adjd for reply to Ch/sum and service
affidavit to 18.02.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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ST- 10925/19
Exh.4
None for plaintiff.
Adv. Prit Chheda for deft. no.1 present.
Vakalatnama filed by Adv. for deft. no.1.
O. - Seen and filed.
Reply filed by deft. no.1 to N/M no.3849/19. T.O.R.
Deft. no.1 tendered draft N/M along with affidavit. Leave
is granted to register it. Deft. no.1 to supply the copy to
the advocate of the plaintiff. Plaintiff has not taken steps
to register the suit. Last chance is granted to plaintiff to
register the suit.
The matter is adjd for reply and hearing on N/M and
compliance to 28.01.2020.
Judge
03/01/2020
SU- 2172/19
Exh.7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Bhandari for deft. no.1 present.
Application filed by Adv. Bhandari for stay of operation of
order dated 02.01.2020.
O. - Read application. Heard. None present on behalf of
plaintiff at the time of hearing of the application.
The tenor of the application discloses that this court has
passed an order dated 02.01.2020 in N/M and the
operation of the order be stayed for a period six weeks.
No ground is set out in the application for stay of effect
and operation of the order. The order dated 02.01.2020
in N/M no.3053/19 is not an executable order. Hence,
the application (Exh.7) needs no consideration. Hence, it
is expedient to pass the following order.
ORDER
1. The application (Exh.7) is rejected.
2. Cost in the cause.
3. The application (Exh.7) is disposed off accordingly.
The matter is already adjd 26.02.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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SU- 2947/19 Adv. Chaudhari for plaintiff present.
Adv. Qureshi for deft. present.
ORDER BELOW EXH.6
Read application and reply. Heard. The Ld. Counsel
for plaintiff submitted that this court has allowed Ch/sum
no.1764/19 and thereby permitted to add the defendant
no.2 as party. The plaintiff inadvertently failed to amend
the N/M no.2833/19. Even, the deft. no.2 has filed reply
to this N/M. The plaintiff be permitted to amend the N/
M pursuant to the order dated 25.11.2019.
The application is opposed on the count that no
prayer was sought for amendment in the N/M. The
amendment was restricted to the plaint and accordingly, it
was amended. The plaintiff has neither moved any
application nor ch/sum for amendment of N/M therefore
there is no question of granting permission to amend the
N/M.
The N/M is in aid to the main relief claimed by the
plaintiff. The plaintiff has amended the plaint and
claimed the relief against the defendant no.2. The N/M is
based upon the same grounds as set out in the plaint. The
objection by the defendants is technical. No prejudice
would be caused to the defendants, if the plaintiff is
permitted to amend the N/M. The N/M has to be decided
on its own merit, therefore, the application needs
consideration. Hence, it is expedient to pass the following
order.
ORDER
1. The application (Exh.6) is allowed.
2. Plaintiff is permitted to amend the N/M no.2833/19
on or before next date.
3. The application (Exh.6) is disposed off accordingly.
The matter is adjd for N/M hearing to 10.01.2020.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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HC- 1346/07
(BCC
4990/07)
Adv. Mr. Chaurasiya for plaintiff present.
Report received from the Board Department. It appears
that the record and proceedings of BCC suit
no.1346/2007 was sent to this court due to the confusion
of number as the Hon'ble High Court number of the
present suit i.e. 1346/2007 is similar to that of the suit of
which the record was forwarded. The sheristedar to take
steps to deposit the record of BCC suit no.1346/2007
with the record room and the noting to that effect be
taken in BCC suit no.1346/2007 that the record was
wrongly sent for the hearing in N/M no.2587/19. Even
note be taken in the record of that suit that N/M
no.2587/19 has nothing to do with suit no.1346/2007.
The record and proceedings of suit no.4990/2007 is
received. The copy of this roznama be taken in duplicate
and be pasted in both the suits.
The matter is adjd for reply to N/M to 10.02.2020.
Judge
03/01/2020
COMM
SU- 92/19
Exh.16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nagvadaria for plaintiff present.
None for deft.
Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with cost.
2. Defendant company to pay plaintiff company an
amount of Rs.10,32,872/- along with interest at the rate
of 8 % per annum from the date of filing of the suit till its
realization.
3. Decree be drawn accordingly.
Judge
03/01/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
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SU- 4335/13 NOB TOB.
Received letter of Hon'ble Supreme Court vide D.
No.28902/2019/SEC-Supreme Court of India, New Delhi
dated 27.11.2019 in MA no.2387/19 in MA no.1180/19
in Special Leave Petition (C) no.27321 of 2018.
O. - Seen. Concern to comply.
The matter is already adjd to 22.01.2020.
Judge
03/01/2020
SU- 2098/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
NOB TOB.
Received letter of Hon'ble Supreme Court vide S.C. (Civil)
No.S-309/2019/5563/2019 in Petition for Special leave
to appeal (civil) no.21566 of 2019.
O. - Seen. Concern to comply.
The matter is already adjd to 01.02.2020.
Judge
03/01/2020
SU- 8338/96
(Disposed off)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
NOB TOB.
Received letter of Hon'ble High Court vide D.D. (W.P.)
No.C1120877/19 dated 29.11.2019 in W.P. no.1525/18.
O. - Seen. Concern to comply.
Judge
Completed.
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06/01/2020
SU- 3360/19
(Pertain to
CR.No.1)
Coram :Her Honour Judge Smt.S.S. Nagur (C.R.no.13)
Plaintiff present.
Adv.Ms.Remedies for defendant nos.1 and 2 present.
Adv.Mr.Sharma for defendant no.3 present.
Adjd. to 3.2.2020 for reply.
Earlier order to continue till next date.
Judge
Incharge of C.R.No.1
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