Final Order 1

Order Details: Other
Pdf Text: Noting : 05.12.2019 1 C. R. No. 01
05/12/2019
SU- 7773/98
Exdh.56-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Sagar Vichare for plaintiff present.
Adv. Mr. Ganesh Lambate for deft. nos.2, 3, 7 to 11, 15,
16, 33 and 34 present. He files say on Exh.56.
Adv. Mr. Chirag for deft. nos.18 to 24, 27 to 32 present.
Adv. for plaintiff filed reply to Exh.56. T.O.R.
The matter is adjd for hearing on admissibility of
documents to 03.01.2020.
Judge
05/12/2019
SU- 2956/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Roshni Khan for plaintiff present.
Adv. Ms. Narvekar for deft. present.
Counsel for the plaintiff seeks time to adduce evidence.
O. - Time granted.
The matter is adjd for evidence to 06.02.2020.
Judge
05/12/2019
SU- 4594/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Manish Tewar for plaintiff present.
None for deft.
Ld. counsel for the plaintiff seeks time to adduce
evidence.
O. - Granted as a last chance.
The matter is adjd for evidence to 07.02.2020.
Judge
05/12/2019
SU- 211/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. K.D. Shah for plaintiff present.
Adv. Mr. Bhagat for deft. no.5 present.
Adv. Mr. D'silva for deft. no.6 present.
Ld. counsel for plaintiff submitted that transfer
application is filed before the Hon'ble P.J. as the
connected matter is in the other court. Hence, the matter
is adjourned.
The matter is adjd for evidence to 28.01.2020.
Judge
-- 1 of 15 --
Noting : 05.12.2019 2 C. R. No. 01
05/12/2019
COMM
SU- 97/19
Exh.1
Exh.2
Exh.3
Exh.4
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Vishwanathan for plaintiff present.
None for deft.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Application for substituted service.
O. - Read application. Heard. The Ld. Counsel for the
plaintiff submitted that plaintiff has taken effort to serve
deft. by registered post A.D. The sealed envelopes with
writ of summons in it returned unserved with postal
endorsement that the defendants left the said address.
The Ld. Counsel for the plaintiff further submitted that
plaintiff has already filed affidavit of service to that effect.
She would submit that before filing of the suit, letters
were issued to the defendants which were duly served on
the address mentioned in the cause title. The plaintiff is
not aware of any other address of deft. and therefore,
presses for substituted service.
I perused the record. On going through the record,
it reveals that the defts. were not served for the reason
that they left the said premises. Plaintiff is a constituted
banking company and therefore, it is not possible for
plaintiff to have the other address of the defts. Apart
from that, it is stated on oath that defts. were served with
legal notice on the same address. In this background, the
application for substituted service needs consideration.
Hence, it is expedient to pass following order.
ORDER
1. Application (Exh.5) is allowed.
2. Plaintiff is permitted to serve writ of summons to the
defendants by advertisement in daily newspaper widely
circulated in the locality where the defendants last
resided both in English and regional language.
3. In addition, the plaintiff to serve writ of summons to
defendants by email.
4. Application (Exh.5) is disposed off accordingly.
The matter is adjd for affidavit of service to 14.01.2020.
Judge
-- 2 of 15 --
Noting : 05.12.2019 3 C. R. No. 01
05/12/2019
SU- 121/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Nilam Yadav for plaintiff present.
Plaintiff present.
Defendant no.1 present.
Adv. Mr. Raje for defendants present.
Mediation report is received.
Ld. counsel for plaintiff and defendants submitted that
deft. has to comply the terms in the consent terms within
a period of three months and seek time.
Hence, by consent, the matter is adjd for settlement to
26.02.2020.
Judge
05/12/2019
SU- 481/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. P. Shukla for plaintiff present.
None for deft.
Plaintiff has complied the order in Ch/sum no.1215/15.
Issue writ of summons against deft. no.1(a).
The matter is adjd for affidavit of service to 13.02.2020.
Judge
05/12/2019
SU- 2488/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Mr. Narayanan for deft. present.
Adv. for deft. tendered registered Ch/sum no.2177/19.
T.O.R.
The deft. failed to file W/S hence suit to proceed without
W/S of deft.
The matter is adjd for reply and hearing on Ch/sum to
13.02.2020 at 02.45 pm.
Judge
05/12/2019
COMM
SU- 92/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Nagvadaria for plaintiff present.
None for deft.
Ld. counsel for the plaintiff seeks time for arguments.
Hence, the matter is adjd for arguments to 11.12.2019.
Judge
-- 3 of 15 --
Noting : 05.12.2019 4 C. R. No. 01
05/12/2019
SU- 7545/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Karandikar for plaintiff present. Plaintiff present.
Adv. Mr. Yadav for deft. no.1 present.
Adv. Rajesh Patil for deft. nos.2 to 8 present.
Court receiver Mr. Laxman Madgundi present.
Heard Adv. for plaintiff and Adv. for deft. no.1 on Court
receiver's report no.87/19.
The matter is adjd for order to 17.12.2019.
Judge
05/12/2019
SU- 9795/82
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Manish Trivedi for plaintiff present.
Adv. Mr. Madkaikar along with Adv. Shah for deft. nos.5,
8 and 9 present.
Today, the matter is for further evidence of plaintiff. Ld.
counsel of plaintiff seeks adjournment. No cogent ground
has been given by the plaintiff for adjournment. Hence,
the request is turned down. Evidence of plaintiff is
closed. Adjourned for evidence of defendant nos.5 and 6.
The matter is adjd for evidence to 16.12.2019.
Judge
05/12/2019
SU- 242/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Murudkar for plaintiff present.
Ld. counsel for plaintiff seeks time for arguments.
O.- Granted as a last chance.
The matter is adjd for arguments to 10.01.2020.
Judge
-- 4 of 15 --
Noting : 05.12.2019 5 C. R. No. 01
05/12/2019
SU- 1117/10
along with
counter claim
04/16
Exh.11
Exh.12
Exh.13
Exh.14
Exh.15
Exh.16
Exh.17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Mr. Hartalkar for deft. present. Deft. present.
Adv. for deft. filed say on Exh.10.
ORDER BELOW EXH.10
The documents at Sr. nos.1, 6 to 9 are original therefore,
those are marked as exhibits. Ld. Counsel for defendants
has objected for marking of documents at Sr. nos.1, 6 to
9. Document at Sr. no.5 is certificate issued by RCF Police.
It bears signature of the concerned officer with the stamp
of the police station. Hence, it is marked as exhibit.
Document at Sr. no.10 is certified copy of judgment,
therefore it is marked as exhibit.
Original writing/agreement dated 30.05.2005.
Certificate issued by the RCF police station.
Original copy of the application dated 06.03.2006 to the
electricity authority from the receipt thereof accepting the
security deposit.
Original shop and establishment certificate bearing
registration no.760140413/Shop-I dated 07.05.2010
issued by public authority.
Original electricity bill of November 2006 issued by
Reliance Energy issued by the appropriate authority.
Original electricity bill of September 2019 issued by Adani
Electricity issued by appropriate authority.
Certified copy of judgment/order dated 11.08.2016
passed by Metropolitan Magistrate's 52nd Court, Kurla,
Mumbai.
L.O.
Adv. Mr. Mishra for plaintiff present.
For rest, same appearance.
The matter is adjd for cross examination of PW-1 to
13.01.2020.
Judge
-- 5 of 15 --
Noting : 05.12.2019 6 C. R. No. 01
05/12/2019
SU- 9880/87
Exh. 30
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Bhadavkar for plaintiff present.
CA for deft. no.4 present.
Adv. Ms. Kajal for deft. nos.2(a) to 2(b) present.
Application filed by Adv. for plaintiff.
O. - Issue witness summons to the Branch Manager, Bank
of Baroda, V.P. Road Branch, Sikka Nagar, Opposite
Phadke Ganesh Mandir, Mumbai – 400 004 to adduce
evidence and to produce the documents as per list.
The matter is adjd for evidence to 19.12.2019.
Judge
05/12/2019
SC - 910/15
Exh.57
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP for State absent.
Accused no.1 and 2 on bail present.
Adv. Mr. Ghadge for accused no.1 present.
Adv. Mr. Salunke for accused no.2 present.
Heard arguments of Adv. for accused no.1.
Written notes of arguments filed by Adv. for accused no.2.
T.O.R.
The matter is adjd for reply argument, if any by APP to
13.12.2019.
Judge
05/12/2019
SU- 824/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Mr. Gole for plaintiff present.
None for deft.
Draft Ch/sum tendered by plaintiff.
Leave is granted to register it.
Plaintiff to serve the Ch/sum to the proposed deft.
The matter is already adjd to 17.02.2020.
Judge
05/12/2019
SU- 4321/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Robin Fernandes for plaintiff present.
Adv. Advani for deft. no.1 present.
Ld. counsel for plaintiff and deft. submitted that
settlement talks are going on. Therefore, they require
time beyond three weeks. Hence, on the request of both
the parties, the matter is adjd for Ch/sum hearing to
15.01.2020.
Judge
-- 6 of 15 --
Noting : 05.12.2019 7 C. R. No. 01
05/12/2019
SU- 2783/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Mane for plaintiff present.
Adv. Mr. Mhatre for deft. present.
Ld. counsel for deft. seeks time to file reply to N/M.
O. - Granted as a last chance.
The matter is adjd for reply to N/M to 06.01.2020.
Judge
05/12/2019
SU- 374/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Simran Vishwakarma for plaintiff present.
Plaintiff present.
Deft. present.
Deft. seeks time as his advocate is not available.
O. - Granted as last chance to deft.
The matter is adjd for N/M hearing to 24.01.2020.
Judge
05/12/2019
SU- 2888/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Pandey for plaintiff present.
Deft no.2 present.
Adv. Mr. Shirke for defendants present.
Disposed off N/M after registration as N/M no.4000/19
tendered by deft. no.2.
Ld. counsel for plaintiff seeks time to file rejoinder to the
reply of the defendants to the N/M.
O. - Granted.
The matter is adjd for rejoinder to N/M and hearing to
07.01.2020.
Judge
05/12/2019
SU- 2997/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Mr. Shailesh Pansare for deft. present.
F.R.S.R. following order is passed -
ORDER
1. N/M no.4584/18 stands rejected.
2. Cost in the cause.
3. N/M no.4584/18 is disposed off accordingly.
The matter is adjd for framing issues to 18.02.2020.
Judge
-- 7 of 15 --
Noting : 05.12.2019 8 C. R. No. 01
05/12/2019
SU- 1054/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Dubey for plaintiff present.
Adv. Mr. Kanojia for deft. present.
Ld. counsel for the defendants seeks time to file reply to
Ch/sum. O.- Granted.
Ld. Counsel for the plaintiff submitted that Ch/sum was
registered but due to inadvertence, he has not brought the
brief of the case and therefore, seeks time to tender
registered Ch/sum. O. - Granted.
The matter is adjd for reply and tendering of registered
Ch/sum to 29.01.2020.
Judge
05/12/2019
SU- 2454/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Wasim Khan for plaintiff present.
None for deft.
Plaintiff tendered registered N/M no.4187/19. T.O.R.
On perusal of the report on N/M, it appears that the
defendant was not available at his residence and his wife
who was present was not aware when he will come back
and she refused to accept the service. The Ld. Counsel for
the plaintiff submitted that this is good service and in
support of his contention, he would place reliance upon
judgments.
The matter is adjd for N/M hearing to 10.01.2020.
Judge
05/12/2019
SU- 6893/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Pankaj Pandey for plaintiff present.
None present for deft.
Already last chance was granted to argue on N/M.
Put N/M for dismissal order.
Vakalatnama filed by Adv. for plaintiff. T.O.R.
O. - Seen and filed.
The matter is adjd for dismissal of N/M to 14.01.2020.
Judge
-- 8 of 15 --
Noting : 05.12.2019 9 C. R. No. 01
05/12/2019
SU- 2852/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Mr. Prashant Nakti for plaintiff present.
Adv. Mr. Shetty for deft. nos.1 and 2 present.
Adv. Mr. Dhonde for deft. nos.3 to 7 present.
Adv. Mr. Joshi for deft. nos.8 and 9 present.
N/M no.4576/19 tendered by deft. nos.3 to 7. T.O.R.
Adv. Mr. Shetty filed reply to N/M no.4576/19. T.O.R.
Adv. for plaintiff filed reply to N/M. T.O.R.
Ld. counsel for deft. nos.8 and 9 seeks time to file reply to
N/M tendered by deft. nos.3 to 7. O. - Granted.
On perusal of the record, it appears that plaintiff and deft.
no.2 are senior citizens. Registrar to take the steps and
put up the matter before Hon'ble Principal Judge for
transfer of the matter to the Designated senior citizen
court.
The matter is adjd for N/M reply/hearing to 20.01.2020.
Judge
-- 9 of 15 --
Noting : 05.12.2019 10 C. R. No. 01
05/12/2019
SU- 2912/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Chaudhari for plaintiff present.
Adv. Mr. Bhadang for deft. no.1 present.
Adv. Ms. Chandana Salgaonkar for deft. no.2 present.
Partly heard arguments of Adv. Mr. Chaudhari.
As court time is over, the matter is adjd for further
arguments to 06.12.2019.
Judge
05/12/2019
SU- 2771/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Prajapati for plaintiff present.
None for deft.
As Court time is over, the matter is adjd for order on
Exh.7 to 06.12.2019.
Judge
05/12/2019
SU- 4960/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
As court time is over, the matter is adjd for order to
19.12.2019.
Judge
-- 10 of 15 --
Noting : 05.12.2019 11 C. R. No. 01
05/12/2019
SU- 9488/89
Exh.50
Exh.51
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff along with her CA present.
Adv. Mr. Barde for deft. no.1 present. He submitted that
he was unable to contact deft. no.1 as he is not in town
and he wishes to withdraw his power on behalf of deft.
no.1 after following the due procedure.
Adv. Mr. Rajesh Singh for deft. nos.2, 5 to 7 present.
Adv. Mr. Rajesh Singh tendered registered N/M
no.4593/19. T.O.R.
Written notes of arguments earlier filed by plaintiff were
inadvertently not marked as exhibit. It be marked as
exhibit.
Written notes of arguments filed on 21.11.2019.
The plaintiff submitted written notes of arguments and
submitted that this suit be decided on the basis of written
arguments tendered by the plaintiff.
Written notes of arguments filed by plaintiff. T.O.R.
After filing the written notes of arguments, the
plaintiff and her CA left the court hall when the hearing
of the case was in progress. As on date, the matter is not
cropped up for final hearing and therefore, although the
written arguments are marked as exhibit but cannot be
taken into consideration as by virtue of order dated
02.02.2019, the ex-parte order against deft. nos.2 and 4
to 6 was set aside. These defendants are required to be
given opportunity to cross examine the plaintiff and to
adduce evidence, if any after consideration of their N/M
no.4593/19. Hence, the submission of the plaintiff that
on the basis of written arguments, the case be decided
cannot be taken into account at this stage.
Adv. Mr. Singh for deft. nod.2, 5 to 7 argued on N/M
no.4593/19. Plaintiff and her CA failed to advance
argument on N/M no.4593/19 although CA of the
plaintiff, yesterday, made the statement that the plaintiff
strongly opposed the N/M. After hearing the counsel for
the deft. nos.2, 5 to 7, the N/M is placed for order.
The matter is adjd for order on N/M to 06.12.2019.
Judge
-- 11 of 15 --
Noting : 05.12.2019 12 C. R. No. 01
05/12/2019
SU- 2305/18
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Mr. Mahtab Alam for deft. nos.1 and 2 present.
Adv. for deft. nos.1 and 2 filed application for removing
the matter from the caption of dismissal order in respect
of his N/M.
O. - The order of dismissal is called back to the extent of
N/M no.2919/19.
Heard argument on N/M no.2919/19.
ORDER ON N/M NO.2919/19
Ld. counsel for deft. nos.1 and 2 submitted that these
defendants are residing at Satara and were not aware
about legal proceeding. They were also not knowing any
advocate at Mumbai to appear on their behalf. Therefore,
there was delay in handing over all the documents which
were in their custody to their advocate. Defendants were
at Satara and the papers pertaining to suit property were
lying in Mumbai and hence, could not hand over the same
to their advocate. The deft. no.1 is old person and is not
keeping good health. There is no other person to take
care of her and therefore, in these circumstances, they
could not hand over the documents to their advocate and
W/S could not be filed. The plaintiff has filed the reply
and contended that in order to delay the proceedings, the
defendants have not filed W/S and are making false
statements. Deft. nos.1 and 2 were represented by their
advocate. Therefore, there is no reason given by the
defendants, hence prayed for rejecting the N/M.
None present on behalf of the plaintiff for arguing this N/
M. The defendants have submitted that the documents
could not be handed over to their advocate as they were
at Satara. The reason appears to be justifiable. No
prejudice would be caused to the plaintiff, if W/S is taken
on record. The matter is at initial stage. It would be in
the interest of the parties, if the matter is decided on
merit. There should not be hyper-technical and pedantic
approach in dealing with such types of motions. Hence,
N/M needs consideration and therefore, it is expedient to
pass the following order.
ORDER
1. N/M No.2919/19 is made absolute in terms of prayer
clause (a) and (b).
2. W/S filed by the defendant nos.1 and 2 is taken on
record.
-- 12 of 15 --
Noting : 05.12.2019 13 C. R. No. 01
SU – 2305/18
Exh.6
Contd....
3. N/M No.2919/19 is disposed off accordingly.
Written statement.
O.- Read and recorded.
None present for the plaintiff. Therefore, N/M
no.4043/18 is dismissed for want of prosecution.
The matter is adjd for framing issues to 16.03.2020.
Judge
-- 13 of 15 --
Noting : 05.12.2019 14 C. R. No. 01
05/12/2019
SU- 346/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. D'silva for plaintiff present.
Adv. Ms. Radhika Vyas for deft. present.
Heard arguments on Ch/sum no.1549/19.
ORDER BELOW CH/SUM NO.1549/19
Heard. This Ch/sum is tendered by defendant seeking
inspection of documents referred and relied in the plaint.
The deft. has sought the inspection of the original
documents which the plaintiff relied along with the plaint
by letter dated 11.03.2019, 18.03.2019, 20.04.2019 but
the plaintiff failed to give the inspection of original
documents. Hence, the present Ch/sum is filed to verify
the documents and to ascertain its validity and legality.
Plaintiff filed reply to the Ch/sum. It is contended by the
plaintiff that document at Sr. no.1 is death certificate of
father of plaintiff and defendant, the document at Sr. no.2
is application under RTI, the original of which would be
with the authority to whom the application was made.
Document at Sr. no.3 is the letter addressed by Inspector,
of Weight and Measure Department, the original of which
is with the said office and the same is obtained under RTI
by the plaintiff. He would submit that the document at
Sr. no.4 is application filed by defendant with Senior ward
officer and the original of which would be with said office
and the office copy would be with the defendant. The
document at Sr. no.5 is the affidavit of plaintiff and the
defendant, the original of which is with the BMC. The
document at Sr. no.6 is the license in the name of
defendant and the original of which would be with the
defendant. The documents were obtained under RTI by
the plaintiff and therefore, the plaintiff is unable to give
the inspection of those documents.
The reason given by the plaintiff appears to be cogent
and justifiable. The plaintiff has obtained the copies of
documents under RTI and therefore, it is not possible for
him to give the inspection of the original documents as
those are not in his custody. Hence, Ch/sum needs no
consideration. Therefore, it is expedient to pass the
following order.
ORDER
1. Ch/sum No.1549/19 is rejected.
2. Cost in the cause.
-- 14 of 15 --
Noting : 05.12.2019 15 C. R. No. 01
SU 346/19 Contd....
3. Ch/sum No.1549/19 is disposed off accordingly.
The matter is adjd for framing issues to 15.02.2020.
Judge
Completed.
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