Final Order 1

Order Details: Other
Pdf Text: Noting : 09/09/2019 1 C. R. No. 01
09/09/2019
SU-8085/01
Exh. 30
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Radha Agarwal for plaintiff present.
Adv. Sarang for defendant present.
Adjournment application filed on behalf of plaintiff.
O-Granted as a last chance.
Adjourned for argument to 24.9.2019.
Judge
09/09/2019
SU-9481/99
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jaywant for plaintiff present.
Adv. Ashwini Mahadik for defendant no. 1 present.
Ld. advocate for defendant no. 1 seeks time to file
additional evidence on the count that the DW-1 did not
turn up due to torrential rain and hence seeks
adjournment. On previous date last chance was granted
to the DW-1 to furnish additional affidavit of evidence if
any. Considering the reason very last chance is granted.
Adjourned for filing additional affidavit of evidence, if
any to 25.9.2019.
Judge
09/09/2019
SU-3644/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for say and hearing on admissibility of
documents to 3.10.2019.
Judge
09/09/2019
SU-6095/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nipa Ghosh for plaintiff present.
Adv. Sunil Patel for defendant no. 1 present.
Say filed by the plaintiff on Exh.37.
Adjourned for hearing on admissibility of the documents
to 3.10.2019.
Judge
-- 1 of 15 --
Noting : 09/09/2019 2 C. R. No. 01
09/09/2019
SU-196/15
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anjali Guge h/f Kulkarni and Associates for plaintiff
present.
Adv. Sneha Mishra for defendant present.
Vakalatnama filed on behalf of plaintiff. O-Seen and filed.
The Ld. counsel for the plaintiff seeks time to adduce
evidence. Granted.
Adjourned for evidence of the plaintiff to 13.11.2019.
Judge
09/09/2019
SU-552/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for hearing on admissibility of the documents
as a last chance to 14.11.2019.
Judge
09/09/2019
SU-553/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for hearing on admissibility of the documents
as a last chance to 14.11.2019.
Judge
07/09/2019
SC-176/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Adv. Kulkarni for original complainant present.
Accused nos. 1 to 4 not produced from jail for want of
escort.
Adv. Jagtap for all accused present.
Heard further argument of Adv. Jagtap partly.
Adjourned for further argument to 9.9.2019.
Judge
09/09/2019
SU-658/15
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rahul Jalal for plaintiff present.
Adv. Suvarna Joshi for both the defendants present.
Issues framed by the Court.
Adjourned for evidence of plaintiff, list of witnesses and
compilation of documents to 5.11.2019.
Judge
-- 2 of 15 --
Noting : 09/09/2019 3 C. R. No. 01
09/09/2019
SU-2161/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jayswal for plaintiff present.
The Ld. counsel for the plaintiff seeks time for service of
writ of summons as the defendant is not traceable. Hence
time is granted.
Adjourned for affidavit of service of writ of summons to
5.11.2019.
Judge
09/09/2019
SU-2025/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for issues to 5.10.2019.
Judge
09/09/2019
SU-255/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Shaikh for defendant no. 1 present.
Adjourned for issues to 5.10.2019.
Judge
-- 3 of 15 --
Noting : 09/09/2019 4 C. R. No. 01
09/09/2019
SU-1575/18
Exh. 8-A
Exh. 7-A
Exh. 17
Exh. 18
Exh. 19
Exh. 20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nisha Shah for plaintiff present.
None present for defendants.
PW-2 present.
Additional affidavit of PW-2 Mrs. Payal Gandhi @
Upadhayay.
Additional compilation of documents filed by the PW-2.
The document at sr. no. 1 with list Exh. 7-A is certified
copy of Deed of Confirmation executed between the
defendant nos. 2 and 3 filed. Naturally the original
document will not be in custody of the plaintiff. The
document is marked as exhibit 17 (only for the purpose
of identification). Receipt dated 3.7.2019 is marked as
Exh. 18. Receipt dated 10.7.2019 issued by Mr. Sameer
Sawant is marked as Exh. 19.
Certified copy of the Deed of Confirmation dated
11.9.2009. (Only for the purpose of identification).
Original receipt dated 3.7.2019 issued by the Sub-
Registrar.
Original bill dated 10.7.2019 issued by Mr. Sameer
Sawant.
Evidence closing pursis filed by the plaintiff. O-Seen and
filed.
Adjourned for exparte argument to 19.9.2019.
Judge
09/09/2019
M. A. 215/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned to 5.11.2019.
Judge
09/09/2019
SU-2031/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff and defendant.
Adv. Sanaea Laskari for applicant in chamber summons
no. 1914/15 present.
Suit is stayed.
Adjourned to 5.11.2019.
Judge
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Noting : 09/09/2019 5 C. R. No. 01
09/09/2019
SU-6336/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Lad for plaintiff present.
Adv. Page for defendant present.
The Ld. counsel for the plaintiff submitted that he is busy
in part heard mater and unable to complete the hearing
in this chamber summons. He seeks time. Time is
granted as very last chance.
Adjourned for hearing on chamber summons to
16.9.2019.
Judge
09/09/2019
SU-3026/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shukla for plaintiffs present.
None present for defendants.
Already last chance was granted to the plaintiff. The Ld.
Advocate for the plaintiff seeks adjournment for hearing
on NM. Granted as a very last chance.
Adjourned for NM hearing to 11.10.2019.
Judge
09/09/2019
SU-2452/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Defendant nos. 1, 2 and 10 have not registered the NM.
Put their NM for dismissal.
Adjourned for hearing on NM / dismissal of NM to
16.10.2019.
Judge
09/09/2019
SU-8801/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Mamta Singh for defendant no. 7 present.
Reply to Chamber Summons filed on behalf of defendant
no. 7. Copy of reply supplied to the plaintiff.
Plaintiff seeks time for hearing on Chamber summons.
Adjourned for hearing on chamber summons to
25.9.2019.
Judge
-- 5 of 15 --
Noting : 09/09/2019 6 C. R. No. 01
09/09/2019
SU-933/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Since long NM is pending for hearing. Put NM for
dismissal.
Adjourned for NM dismissal to 30.9.2019.
Judge
09/09/2019
SU-946/13
Exh. 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None present for defendant.
Adjournment application filed by plaintiff.
Considering the reason adjournment is granted as a very
last chance.
Adjourned for NM hearing to 1.10.2019.
Judge
09/09/2019
SU-2144/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. G. Mahamuni for plaintiff present.
Adv. Shukla for defendant nos. 2 and 3 present.
The Ld. counsel for the defendant nos. 2 and 3 seeks time
for registration of NM. Last chance is granted to register
the NM.
Adjourned for registration of NM and hearing on NM to
30.9.2019.
Judge
09/09/2019
SU-570/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Joshi for plaintiff present.
Adv. Vakode for defendant present.
The Ld. Advocate for plaintiff seeks time for hearing on
NM.
Adjourned for NM hearing to 11.11.2019.
Judge
09/09/2019
SU-2426/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Harsha Shah for plaintiff present.
Adv. Amruta Sawant for defendant no. 1 present.
Adv. Desai for defendant nos. 3 and 4 present.
The Ld. Adocate for the plaintiff seeks time to file reply
to NM 141/19. Granted as a last chance.
Adjourned for reply to NM No. 141/19 to 5.11.2019.
Judge
-- 6 of 15 --
Noting : 09/09/2019 7 C. R. No. 01
09/09/2019
SU-9173/92
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pandya for plaintiff present.
Adv. Phulbande for defendant no. 5 present.
None present on behalf of defendant no. 4 whose NM is
pending for hearing. The matter is old and was cropped
up for final argument. Considering the same last chance
is granted to defendant no. 4 for hearing his NM.
Adjourned for NM hearing to 13.9.2019.
Judge
09/09/2019
M. A. 40/19 in
ABA
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for applicant.
Adv. Noman Shaikh for respondent.
Adjourned for hearing to 5.10.2019.
Judge
09/09/2019
SU-590/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kudalkar for plaintiff present.
Adv. Chikode for defendant no. 2 present.
None present for the applicant to the chamber summons
828/16. Last chance was already granted to the
applicant. Put the Chamber summons for dismissal order.
Adjourned for dismissal of chamber summons to
6.11.2019.
LO
Adv. Jha for applicant in chamber summons present.
The Ld. Advocate for the applicant in chamber summons
prayed for removing the matter from the caption of
dismissal order. As the counsel for the applicant turned
up today itself and therefore the matter is removed from
the caption of dismissal of chamber summons.
Rejoinder filed on behalf of applicant to the reply filed by
the plaintiff to chamber summons.
Applicant to supply the copy of rejoinder to the
concerned parties.
Adjourned for hearing on chamber summons to
6.11.2019.
Judge
09/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 7 of 15 --
Noting : 09/09/2019 8 C. R. No. 01
SU-3787/13 Adv. Ansari Roshan for plaintiff present.
Adv. Ranjit Prasad for defendant no. 2 present.
Registered Chamber summons no.1464/19 tendered by
the plaintiff. TOR.
Defendant no. 1 present.
Ld. counsel for the defendant no. 2 and the defendant no.
1 in person submitted that they have not received the
copy of Chamber Summons. Ld. Counsel for the plaintiff
undertakes to supply the copy of chamber summons on
or before next date.
Adjourned for compliance and reply to chamber
summons to 5.11.2019.
Judge
09/09/2019
SU-2327/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ranjit Prasad for plaintiff present.
Adv. Mohit Sant for defendant no. 2 present.
Adv. Manali Surve for applicant in chamber summons no.
101/17 present.
The Ld. Counsel for the plaintiff seeks time to file reply to
the CS 84/17. Granted as a last chance.
Adjourned for reply on CS no. 84/17 and hearing on
other CS and NM to 6.11.2019.
Judge
09/09/2019
SU-2886/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dalal for plaintiff present.
None present for defendant.
The defendant nos. 1 and 3 appeared in the matter and
were represented by advocate. They waived the service
of writ of summons. Till date the defendant nos. 1 and 3
failed to file their written statement and reply to NM.
Suit and Notice of Motion to proceed without written
statement and reply respectively of the defendant nos. 1
and 3.
Adjourned for hearing on NM to 27.9.2019.
Judge
09/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 8 of 15 --
Noting : 09/09/2019 9 C. R. No. 01
SU-396/16
Exh. 7
Adv. Saiprasad Dudhane for plaintiff present.
Adv. K. R. Singh for both defendants present.
Vakalatnama filed on behalf of defendants. O-Seen and
filed.
Adv. for defendants seeks time to file reply to NM.
Adjourned for reply to NM to 15.10.2019.
Judge
09/09/2019
SU-850/60
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for hearing to 11.10.2019.
Judge
09/09/2019
SU-6153/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Redekar for defendant present.
Adjourned for hearing to 24.9.2019.
Judge
09/09/2019
SU-1766/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shukla for plaintiff present.
Adv. Pooja Shetty for defendant no. 1 present.
The plaintiff has not pressed the Notice of Motion no.
2367/14. Hence the Notice of Motion No. 2367/14 is
filed.
Adjourned for issues to 2.11.2019.
Judge
09/09/2019
EA-539/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned to 6.11.2019.
Judge
****************************
09/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 9 of 15 --
Noting : 09/09/2019 10 C. R. No. 01
SU-5137/12 Plaintiff present.
Adv. D'silva for plaintiff present.
Adv. Supriya Mujumdar for defendant present.
The document at sr. no. 1 with list Exh. 5 is original
death certificate which is not disputed by the defendant.
The document at sr. no. 2 is also a Death Certificate
which is original but the defendant has denied the
document on the count that it is irrelevant. The
document at sr. no. 3 is the office copy of the letter of
the advocate. The document at sr. nos. 4 and 5 are
original bills. The same have been objected on the count
that those are irrelevant. The existence of document at
sr. no. 6 is not disputed. The documents fulfill the criteria
for exhibiting it and therefore those are marked as exhibit
accordingly. The document at sr. no. 7 appears to be the
certified copy of the documents filed and proved in the
evidence in RAD Suit No. 1684/10 and can be read in
evidence. Hence the document is marked as exhibit
accordingly. The document at sr. no. 9 is Income Tax
return of assessment year 2009-2010 which bear the seal
of Income Tax Department. The first page is marked as
exhibit accordingly. The document at sr. no. 10 and 11 is
the letter dated 15.4.2013 and 23.12.2010 respectively
issued by the Employees Provident Fund Organization to
the plaintiff. Those are marked as exhibit accordingly.
The documents at sr. no. 12 are P. F. receipts and those
are marked as exhibit accordingly. The document at sr.
no. 13 is original Intimation and it is also marked as
exhibit accordingly. The document at sr. no. 14 is
original saving bank pass book of the plaintiff. It is
marked as exhibit accordingly. The documents at sr. nos.
15 to 18 are the letters and acknowledgement and those
are marked as exhibit accordingly. The documents at sr.
no. 20 and 21 are the office copy of the letters of plaintiff
and those are marked as exhibit accordingly. The
document at sr. no. 22 is the reply of the company to the
advocate of the plaintiff. It is marked as exhibit. The
document at sr. no. 23 is the certified copy of the bank
passbook. It is marked as exhibit accordingly. The
document at sr. nos. 24 and 25 are original paying slips
and hence those are marked as exhibit accordingly. The
document at sr. no. 26 is letter issued by deceased to the
company. It is marked as exhibit accordingly. The
document at sr. no. 28 is Certified copy of Form 20 B
-- 10 of 15 --
Noting : 09/09/2019 11 C. R. No. 01
Exh. 8
Exh. 9
Exh. 10
Exh. 11
Exh. 12
Exh. 13
Exh. 14 colly.
Exh. 15
Exh. 16
Exh. 17
Exh. 18 colly.
Exh. 19
Exh. 20
Exh. 21
Exh. 22
Exh. 23
Exh. 24
Exh. 25
Exh. 26
Exh. 27
Exh. 28
Exh. 29 colly.
Exh. 30 colly.
Exh. 31
Exh. 32 colly.
Exh. 33
issued by Registrar of Companies, hence it is marked as
exhibit accordingly.
Death Certificate of Sajjad Hussain.
Death certificate of Nema Sajjad Hussain Jawadwala.
Letter dated 27.3.2018 of plaintiff advocate.
Electricity bill of BEST undertaking.
MTNL telephone bill.
Certified copy of evidence in RAD suit no. 1684/10.
Certified copy of documents produced by the Doctor of
Prince Aly Khan hospital in his evidence.
Income Tax Return of 2009-10.
Letter dated 15.4.2013 of P. F. office.
Letter dated 23.12.2010 sent by P. F. office.
P. F. slips.
Intimation dated 13.11.2001 by P. F. office.
Bank of India Savings Bank passbook.
RTI letter dated 11.12.2011 of P. F .office documents
enclosed with the RTI letter.
Letter dated 20.9.2010, Advocate of plaintiff addressed to
P. F. office.
Acknowledgment Receipt of P. F. office and Form 20
annexed to it.
Letter dated 3.2.2012, Advocate of plaintiff addressed to
P. F. office.
Letter dated 26.2.2010 of plaintiff to company.
Letter dated 27.9.2010 of plaintiffs advocate to the
company.
Reply dated 7.10.2010 by Company advocate to plaintiff.
Bank pass book.
Paying slips of Safe Co-op. Bank Ltd.
Paying in slips of Safe Co-op Bank ltd.
Letter dated 15.2.1999 of deceased father to company.
Certified copy of Form 20 B issued by Registrar of
Companies.
List of Citations filed by the plaintiff.
Adjourned for cross examination of PW-1 to 14.10.2019.
Judge
09/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 11 of 15 --
Noting : 09/09/2019 12 C. R. No. 01
SU-1368/19
Exh. 7
Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Adjournment application filed on behalf of defendant.
Order below Exh. 7
Read application. Heard. Already twice last chance was
granted to the defendants to complete their arguments
on partly argued NM no. 2612/19. But it seems that the
defendants are prolonging the matter on one or other
pretext. Plaintiff has objected to the adjournment.
Plaintiff has already filed his notes of arguments.
Needless to mention here that sufficient opportunity was
granted to the defendants to argue on their NM. The
reason given by the defendants are not cogent. Hence,
application is rejected.
Adjourned for order on Notice of Motions to 19.9.2019.
Judge
09/09/2019
SU-869/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present.
Adv. Jafri for defendant no. 3 present.
Adv. Nitin Parte for defendant no. 1 present.
Reply filedby defendant no. 1 to the NM.
Copy of reply supplied to the plaintiff.
Rejoinder filed by the plaintiff. TOR.
Adjourned for hearing on NM to 27.9.2019.
Judge
09/09/2019
SC-760/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
SPP Lata Cheda for State present.
Accused nos. 1 to 4 not produced from jail.
Adv. Chawla h/f Adv. Pasbola for accused no. 1 present.
Adv. Chawla tendered citations on behalf of Advocate
Amrish Salunkhe appearing on behalf of accused no. 4
Ld. SPP seeks adjournment to reply on the citations
tendered by the advocate for accused no. 4.
Adjourned for argument to 24.9.2019.
Judge
09/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 12 of 15 --
Noting : 09/09/2019 13 C. R. No. 01
SC-378/17 APP absent.
Accused on bail present.
Adjourned for argument to 24.9.2019.
Judge
09/09/2019
St. No.
9240/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jadhav for plaintiff present.
Adv. Sharma for defendant present.
FRSR following order is passed on Notice of Motion No.
3216/19.
1. Notice of Motion No. 3216/19 is made absolute in
terms of prayer clause 'b' pending the disposal of the suit
subject to the payment of the entire outstanding amount
inclusive of interest by the plaintiff within a period of
eight weeks from today.
2. Notice of Motion is disposed of accordingly.
Plaintiff to clear the office objection.
Adjourned for compliance to 3.10.2019.
Judge
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09/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 13 of 15 --
Noting : 09/09/2019 14 C. R. No. 01
SU-453/18 Adv. Udayan Jain for plaintiffs present.
FRSR following order is passed on Notice of Motion No.
1035/2018.
ORDER
1. Notice of Motion No. 1035/2018 is dismissed.
2. Costs in the cause.
3. Notice of Motion is disposed of accordingly.
______________________________________________
Adjourned for reply to NM No. 2769/19 to 4.10.2019
Judge
09/09/2019
SU-1215/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Rohit Joshi for defendant no. 2 present.
Court is busy in other matters.
Adjourned for order on chamber summons to 11.9.2019
Judge
09/09/2019
SU-3940/09
NM order
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in other matters.
Adjourned for NM order to 11.9.2019.
Judge
09/09/2019
SC-176/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Accused nos. 1 to 4 not produced from jail.
Adv. Mangesh Gohdke h/f Adv. Jagtap for all accused
present.
Heard reply argument of APP partly.
Adjourned for further argument to 16.9.2019.
Judge
09/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 14 of 15 --
Noting : 09/09/2019 15 C. R. No. 01
EA-540/17
Exh. 3
Adv. Satam for DH present.
Adv. Meghna Desai for JD present.
Application filed by DH for execution of decree.
O-Call say of JD .
Copy supplied to other side.
Adjourned for reply on Exh. 3 to 7.11.2019.
Judge
-- 15 of 15 --