Final Order 1

Order Details: Other
Pdf Text: Noting : 1 C. R. No. 01
18/09/2019
SU-1655/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Rashi Agarwal for defendant present.
Adjourned for framing of issues to 16.11.2019.
Judge
18/09/2019
SU-2742/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for evidence of the plaintiff to 14.11.2019.
Judge
18/09/2019
SU-3676/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Choudhary for plaintiff present.
None present for defendants.
Adjourned for admissibility of the documents to
4.11.2019.
Judge
18/09/2019
SU-3197/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Barot for plaintiffs present.
None present for defendants.
Plaintiff tendered draft chamber summons. Leave is
granted to register.
Adjourned for reply to chamber summons to 15.11.2019.
Judge
18/09/2019
SU-2546/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for issues to 16.11.2019.
Judge
-- 1 of 15 --
Noting : 2 C. R. No. 01
18/09/2019
SU-2438/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sachit Kumar for plaintiff present.
Adv. Ansari for defendant present.
The Ld. counsel for the plaintiff submitted that the matter
is likely to be settled.
Adjourned for issues to 16.11.2019.
Judge
18/09/2019
SU-2443/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sachit Kumar for plaintiff present.
Adv. Ansari for defendant present.
The Ld. counsel for the plaintiff submitted that the matter
is likely to be settled.
Adjourned for issues to 16.11.2019.
Judge
18/09/2019
Commercial
suit no. 19/19
Exh. 4-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gaddamwar for plaintiff present.
Adv. Phalande for defendant present.
Say filed by defendant on Exh. 4
Adjourned for hearing on Exh .4 to 25.9.2019.
Judge
18/09/2019
SU-1813/17
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. R. C. Mishra for plaintiff present.
None present for defendant.
Affidavit of examination in chief of PW-1-Harinam Singh.
The plaintiff seeks time to file compilation of document.
Adjourned for filing compilation of documents to
7.11.2019.
Judge
18/09/2019
SU-4307/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Barot for plaintiff present.
Defendant present and seeks time to file say on
admissibility of the document. Adjourned as a last
chance.
Adjourned for say and hearing on admissibility of the
documents to 6.11.2019.
Judge
-- 2 of 15 --
Noting : 3 C. R. No. 01
18/09/2019
SU-3483/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Joshi for plaintiff present.
The Ld. counsel for the plaintiff seeks time to adduce
evidence. Adjourned as a last chance.
Adjourned for evidence of the plaintiff to 8.11.2019.
Judge
18/09/2019
SU-25/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prashant Kalbande for plaintiff present.
Adv. Menon for defendant present.
Two draft Notice of Motions along with affidavits
tendered by the defendant. Leave is granted to register.
The defendant to serve the copy of Notice of Motions to
the plaintiff well in advance.
Adjourned for reply on both the Notice of Motions to
14.11.2019.
Judge
18/09/2019
SU-26/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prashant Kalbande for plaintiff present.
The Ld. counsel for the plaintiff seeks time for adducing
evidence.
Adjourned for evidence of plaintiff to 14.11.2019
Judge
18/09/2019
SU-1797/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pankaj Shinde for plaintiff present.
None present for defendant.
The Ld. Counsel for the plaintiff submitted that the
plaintiff made attempt to serve the defendant and the
notice could not be served. He submitted that the
plaintiff would make further attempt to serve the
defendant. Liberty is granted.
Adjourned for report of service to defendant to
18.11.2019.
Judge
-- 3 of 15 --
Noting : 4 C. R. No. 01
18/09/2019
SU-2863/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Pathak for defendant present.
Adjourned for framing issues to 30.11.2019.
Judge
18/09/2019
SU-2843/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Defendant present.
Adjourned for framing issues to 16.11.2019.
Judge
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-- 4 of 15 --
Noting : 5 C. R. No. 01
18/09/2019
SU-9811/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
DW-1 present.
Adv. Bhavika Khatri for defendant no. 1 present.
Adv. Amre for defendant no. 4 present.
The Ld. counsel for the defendant no. 4 submitted that he
has to confront the certified copy of the earlier
proceeding to the witness and the same is not received by
him, therefore he seeks adjournment.
Adjourned for cross examination of DW-1 by defendant
no. 4 as a last chance to 7.10.2019.
LO
Adv. Pallavi Marathe for defendant nos. 2(a) to 2(c)
present.
Judge
18/09/2019
SU-6006/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Bhavika Khatri for defendant no. 1 present.
Connected Suit no. 9811/91 is adjourned, therefore this
matter is also adjourned to 7.10.2019.
LO
Adv. Pallavi Marathe for plaintiff present.
Judge
-- 5 of 15 --
Noting : 6 C. R. No. 01
18/09/2019
SU-8271/00
Exh. 22
Exh. 23
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mohsin Pathan for plaintiff present.
DW-1 present.
The Ld. Counsel for the plaintiff filed say on Exh. 21.
Heard the Ld. Advocate for plaintiff and DW-1 on
admissibility of the document.
The document at sr. no. 1 is a Power of Attorney which is
not disputed by the plaintiff. The document at sr. no .2 is
the office copy issued by the School to the Education
officer. The said document can be marked as exhibit.
Therefore both these documents are marked as exhibit
accordingly.
General Power of Attorney dated 2.8.2019.
Letter dated 5.8.2005.
Adjourned for cross examination of DW-1 to 9.10.2019.
Judge
18/09/2019
SU-755/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Saumya for plaintiff present.
Adv. Shripad Murthy for defendant present.
Further cross examination of PW-1 partly recorded.
Adjourned for further cross examination of PW-1 to
11.10.2019.
Judge
18/09/2019
SU-7105/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. More for plaintiff present.
Adv. Bankar for defendants present.
The Ld. Advocate for the plaintiff submitted that he wish
to file written arguments.
Adjourned for arguments to 16.10.2019
Judge
-- 6 of 15 --
Noting : 7 C. R. No. 01
18/09/2019
SU-2353/16
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Judge
18/09/2019
SU-7490/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sohil Shaikh for plaintiff present.
None present for defendant.
PW-3 present. Order of no cross of PW-3 for defendant is
passed.
Adjourned for further evidence of plaintiff, if any to
14.10.2019.
Judge
18/09/2019
SU-7491/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sohil Shaikh for plaintiff present.
None present for defendant.
PW-3 present. Order of no cross of PW-3 for defendant is
passed.
Adjourned for further evidence of plaintiff, if any to
14.10.2019.
Judge
*********************
18/09/2019
SU-549/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Paranjapae for plaintiff present.
Adv. Kalpana More h/f Adv. Dalvi for defendant no. 1
present.
Heard argument of Ld. Advocate for the plaintiff.
Adjourned for judgment to 26.9.2019.
Judge
18/09/2019
SU-5107/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. P. D. Gandhy for plaintiff present.
Adv. Kalpesh Joshi for defendant no. 2 present.
Witness present.
Court is busy in other matters.
By consent of the parties, matter is adjourned for
recording evidence to 25.9.2019.
Judge
18/09/2019
SU-1414/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hegde for plaintiff present.
-- 7 of 15 --
Noting : 8 C. R. No. 01
Exh. 25
Exh. 26
Adv. Satish Mande for defendant no. 1 present.
PW-1 present.
Court is busy in recording evidence in other matters.
The Ld. Advocate for defendant no. 1 1 has no objection
for marking the document at sr. no 22 and 26 with list
Exh. 8. Accordingly those documents are marked as Exh.
25 and 26.
Order dated 7.5.2014 by Joint Registrar.
Circular dated 21.3.2012.
Adjourned for cross examination of PW-1 to 9.10.2019.
Judge
18/09/2019
SU-23/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prashant Kalbande for plaintiff present.
Adv. Menon for defendant present.
registered NM no. 2991/19 tendered by the defendant.
The ld. counsel for the plaintiff seeks time to file reply on
NM.
Adjourned for reply to NM to 14.11.2019.
Judge
*************************
18/09/2019
SU-3152/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Adv. Giriraj for plaintiff present.
Adv. Viveka for defendant no. 1 present.
Adv. Armaan Grewal for defendant no. 2 present.
The Ld. counsel for the plaintiff seeks adjournment as he
is not keeping well.
Adjourned for argument on NM and Chamber summons
to 20.9.2019.
Judge
18/09/2019
SU-6704/05
(Disp. of)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Defendant no.6 present.
Application filed by the defendant no. 6 of grievance.
The judgment was pronounced on 18.7.2019. The
application at the very outset is not tenable and hence
the application is rejected.
Judge
-- 8 of 15 --
Noting : 9 C. R. No. 01
18/09/2019
SU-3722/08
Exh.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Rajabali for defendant no. 1 present.
Application filed by the defendant no. 1 for stay.
Defendant to serve the copy of the application.
Adjourned for reply and hearing to 19.9.2019.
Judge
18/09/2019
SU-7449/18
(Disp. of)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Adhavale for plaintiff present.
Draft NM along with affidavit tendered by the plaintiff.
Leave is granted to register. Plaintiff to serve the copy of
the NM to the respondents.
Adjourned for reply to NM to 23.10.2019.
Judge
****************************
18/09/2019
SU-7854/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aiman for plaintiff present.
Adv. Manish Trivedi for defendant no. 4(a) to 4(c)
present.
Heard argument of Ld. Advocate for plaintiff on NM.
The ld. Counsel for the deft nos. 4(a) to 4(c) seeks time
for argument by way of rejoinder
Adjourned for rejoinder argument of defendant nos. 4(a)
to 4(c) to 15.10.2019.
Judge
18/09/2019
SU-2694/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. K Jain for plaintiff present.
Adv. Marjadi for defendant no. 1 present.
It appears that there is element of settlement. Matter be
referred for mediation.
Adjourned for report of mediation to 9.10.2019.
Judge
18/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 9 of 15 --
Noting : 10 C. R. No. 01
SU-1358/17 Adv. Anl Kharatmol for plaintiff present.
None present for defendants.
Heard argument of Ld. Advocate for the plaintiff on NM.
None present for defendants. Put NM for order. Earlier
order if any to continue till next date.
Adjourned for order on NM to 26.9.2019.
Judge
18/09/2019
SU-1343/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None present for defendants.
Adjourned for NM hearing to 4.11.2019.
Judge
18/09/2019
SU-2852/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prashant Kakati for plaintiff present.
Adv. Shetty for defendant nos. 1 and 2 present.
Adv. Sanjay Joshi for defendant nos. 8 and 9 present.
The Ld. Advocate for the plaintiff seeks time for
argument on NM.
Adjourned for NM hearing to 5.11.2019.
Judge
18/09/2019
EA-345/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yadav for DH present.
Applicant in chamber summons present.
Reply filed by the DH to the chamber summons.
Adjourned for rejoinder, If any / hearing on chamber
summons to 27.9.2019.
Judge
18/09/2019
SU-450/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Omkar Gawli for plaintiff present.
None present for defendants.
The Ld. counsel for the plaintiff seeks time for hearing on
NM.
Adjourned for NM hearing to 11.11.2019.
Judge
18/09/2019
SU-3101/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shweta Kamble for plaintiff present.
-- 10 of 15 --
Noting : 11 C. R. No. 01
Adv. Dipali Bosamia for defendant nos. 5 to 8 present.
Adv. Prashant Kakati for defendant nos. 1 to 4 present.
The Ld. counsel for defendant nos. 1 to 4 and 5 to 8
waived the service of writ of summons and seeks time to
file written statement.
Writ of Summons is extended for serving to defendant
nos. 9 to 12.
Adjourned for written statement to 22.10.2019.
Judge
18/09/2019
SU-2926/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Last chance is granted.
Adjourned for affidavit of service to to 4.11.2019.
Judge
18/09/2019
SU-1356/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anil Kharatmol for plaintiff present.
Adv. Sandeep Dhangar or defendant no. 6 present.
Heard argument of Ld. Advocate for plaintiff and
defendant no. 3 on NM.
Earlier order if any to continue till next date.
Adjourned for order on NM to 26.9.2019.
Judge
18/09/2019
SU-1357/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anil Kharatmol for plaintiff present.
Adv. Sandeep Dhangar or defendant no. 3 present.
Heard argument of Ld. Advocate for plaintiff and
defendant no. 3 on NM.
Earlier order if any to continue till next date.
Adjourned for order on NM to 26.9.2019.
Judge
-- 11 of 15 --
Noting : 12 C. R. No. 01
*************************************
18/09/2019
M. A. 138/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kunal Kumbhat for applicant present.
Adv. Rohan Karande for respondent nos. 1 to 3 present.
Adv. Anirban Sen for defendant no. 9 present.
Court is busy in other matters.
Adjourned for order to 24.9.2019.
Judge
18/09/2019
M. A. 139/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kunal Kumbhat for applicant present.
Adv. Rohan Karande for respondent nos. 1 to 3 present.
Adv. Anirban Sen for defendant no. 9 present.
Court is busy in other matters.
Adjourned for order to 24.9.2019.
Judge
18/09/2019
SU-758/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
-- 12 of 15 --
Noting : 13 C. R. No. 01
Court is busy in other matters.
Adjourned for exparte judgment to 25.9.2019.
Judge
18/09/2019
SU-6893/03
NM hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. P. K. Tiwari for plaintiff present.
Adv. Mohit Darji for defendant nos. 2 to 5 present.
By consent matter is adjourned for hearing on NM to
9.10.2019.
Judge
18/09/2019
SU-8366/99
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4.
By precepie.
Adv. Prabhu for MHADA present.
Draft NM tendered by Ldv. Adv. for MHADA.
Leave granted to register NM keeping the issue of
maintainability is open. Matter is already adjourned to
25.9.2019.
Judge
***************************
18/09/2019
SU-7808/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Neha Pandey h/f Adv. Preeti Shah for plaintiff
present.
Adv. Shobhana Waghmare for defendant no. 2 present.
Adv. Shoaib Memon for defendant no. 4(a) present.
Heard further argument of Ld. advocate for defendant
no. 4(a) partly.
Adjourned for further argument to 21.9.2019 at 12.00
noon.
Judge
18/09/2019
SU-2466/16
Exh. 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aay Prajapati for plaintiff present.
None present for defendants.
Application filed by the plaintiff for removing the matter
from caption of dismissal of NM.
O- Considering the reason mentioned in the application
the order dated 25.7.2019 for keeping the matter for
-- 13 of 15 --
Noting : 14 C. R. No. 01
dismissal of NM is set aside and NM is kept for hearing.
Adjourned for hearing on NM to 22.10.2019.
Judge
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18/09/2019
SU-3845/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Raje for plaintiff present.
Adv. Mahadik for defendants present.
Defendants tendered registered NM 3161/19.
Heard argument on NM No. 3161/19.
Order below Notice of Motion No. 3161/19
Heard the Ld. Counsel for the defendants submitted that
the Notice of Motion No. 2707/18 was tendered by the
defendants under Order 7 Rule 11 of CPC and same was
dismissed in default. The Notice of Motion was fixed for
16.1.2019 and on that day it was dismissed for default.
The advocate was not present when the matter was
called and reached belatedly. After checking the roznama
on 12.3.2019 it revealed that the said NM was dismissed
for default.
The NM is opposed by the plaintiff on the count that
sufficient cause has not been made out . The affidavit of
concerned advocate is not filed and the defendant
deliberately did not prosecute the NM.
-- 14 of 15 --
Noting : 15 C. R. No. 01
The statement made by the defendant no. 1 that his
advocate did not attend the court on 16.1.2019 appears
to be as per the record. His advocate was present on
15.3.2019 and on that day the NM was tendered to set
aside the order. It appears that the counsel for the
defendants has not tendered the NM and therefor it came
to be dismissed. By the said NM the defendants claim to
have raised the issue which pertains to rejection of the
plaint. It would not be proper to deny the opportunity to
the defendants of being heard. In the interest of justice
the present NM needs consideration. Hence, it is
expedient to pass following order.
ORDER
1. Notice of Motion No. 3161/2019 is made absolute in
terms of prayer clause (i) to (iii) subject to cost of Rs.
2,000/- to be paid by the defendant no. 1 to the plaintiff
within a period of 10 days from today.
2. Payment of cost is subject precedent.
3. In the event of payment of cost, Notice of Motion No.
2707/2018 be restored.
4. Notice of Motions is disposed of accordingly.
______________________________________________
Adjd. for compliance and hearing on NM to 23.10.2019.
************************* Judge
18/09/2019
SU-8248/02
Exh. 3-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Patare h/f Adv. Nichani for plaintiff present.
Adv. Arti Nimbalkar for defendant present.
On perusal of the pleadings and the issues framed, it
appears that the issues are required to be re-casted and
the issue in respect of counter claim filed by the
defendant is also required to be framed. Hence, the
issues are re-casted.
Re-casted issues framed by the Court.
Adjourned for evidence or arguments, if any, of the
plaintiff and defendant on the re-casted issues to
19.9.2019
Judge
completed
-- 15 of 15 --