Final Order 1

Order Details: Chamber summons
Pdf Text: Noting : 06.03.2020 1 C. R. No. 01
06/03/2020
SU- 261/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Patil for plaintiff present.
Deft. present. Adv. Kharatmol for deft. present.
The matter is adjd for order on Exh.7 to 14.03.2020.
Judge
06/03/2020
SU- 7757/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashok Mishra for plaintiff present.
None for deft.
The matter is adjd for dismissal to 20.03.2020.
Judge
06/03/2020
SU- 196/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Das for deft. present.
Matter is for dismissal. Put it for dismissal.
The matter is adjd for dismissal to 16.04.2020.
Judge
06/03/2020
COMM
SU- 15/19
Exh.1
Exh.2
Exh.3
Exh.4
Exh.5
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Plaintiff filed affidavit of service. T.O.R.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Plaintiff filed application for removing the matter from
caption of dismissal order.
O. - Read application. In the interest of justice, the matter
is removed from the caption of dismissal order.
Plaintiff filed application for discharge.
O. - Application is for discharging the advocate of the
plaintiff filed by plaintiff. As such for discharge of
advocate by a party, express order of court is not required.
Plaintiff is at liberty to discharge his advocate. Hence,
application is filed.
Affidavit of service does not disclose that jail authority has
given the report of service of writ of summons to the
defendants. Plaintiff to file affidavit of service.
The matter is adjd for affidavit of service to 20.03.2020.
Judge
-- 1 of 17 --
Noting : 06.03.2020 2 C. R. No. 01
06/03/2020
SU- 1086/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bajaj for plaintiff present.
Adv. Pise for deft. no.2 present.
Adv. Niti for deft. no.3 present
Ld. counsel for plaintiff seeks time for arguments.
Granted.
The matter is adjd for arguments to 21.03.2020.
Judge
06/03/2020
SU- 1159/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Redekar for deft. present. Deft. present.
Plaintiff seeks time. Already last chance was granted.
Exh.9 to proceed without hearing of plaintiff.
The matter is adjd for hearing on Exh.9 by deft. to
16.04.2020.
Judge
06/03/2020
Exe. Apln.
540/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Akshada Satam for DH present.
None for JD.
Ld. counsel for DH seeks time for hearing on Exh.5.
Granted.
The matter is adjd for hearing to 20.04.2020.
L.O.
Adv. Meghna Desai for JD present.
The matter is already adjd for hearing to 20.04.2020.
Judge
06/03/2020
SU- 5959/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pandya for plaintiff present.
Adv. Shah for deft. present.
Ld. counsel for deft. submitted that the defts. have
challenged the order of this court before the Hon'ble High
Court and had got the circulation for hearing of the
matter on 13.03.2020 hence, seeks time. Granted.
The matter is adjd for evidence to 07.04.2020.
Judge
-- 2 of 17 --
Noting : 06.03.2020 3 C. R. No. 01
06/03/2020
SU- 6031/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pandya for plaintiff present.
Adv. Shah for deft. present.
Ld. counsel for deft. submitted that the defts. have
challenged the order of this court before the Hon'ble High
Court and had got the circulation for hearing of the
matter on 13.03.2020 hence, seeks time. Granted.
The matter is adjd for evidence to 07.04.2020.
Judge
06/03/2020
SU- 6194/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aditya Kanchan for plaintiff present.
Adv. Anuj Jaiswal for deft. no.1 present.
Adv. D'souza for deft. no.11 present.
Adv. Saurabh Mishra i/b. Raj and Associates for deft.
nos.4, 5, 7, 8, 14, 15, 18 and 19 present.
Ld. counsel for deft. no.1 seeks adjournment. Last chance
was granted on the last date to the plaintiff as PW-1 was
not present. In the interest of justice, last chance is
granted to defendants to cross examine PW-1.
The matter is adjd for evidence to 09.04.2020.
Judge
06/03/2020
SU- 1942/13
Exh.7
Exh.8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Gaikwad for deft. no.1(a) and 1(b) present.
Affidavit of evidence of PW-1 Naresh Gopal Gotad.
Compilation of documents.
O. - Call say of defendants.
Verification of PW-1 is completed.
Copy of affidavit of evidence and compilation is supplied
to counsel for deft. nos.1(a) and 1(b).
Plaintiff to supply copy of affidavit of evidence and
compilation of documents to deft. nos.2 and 3.
The matter is adjd for say on Exh.8 to 24.04.2020.
Judge
-- 3 of 17 --
Noting : 06.03.2020 4 C. R. No. 01
06/03/2020
SU- 211/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Bhagat for deft. no.5 present.
Adv. D'silva for deft. no.6 present.
Ld. counsel for plaintiff seeks time for filing evidence. He
would submit that in suit no.1602/17, issues are required
to be framed and after the hearing of the parties, it is to
be decided that both the suits are to be tried
simultaneously.
The matter is adjd for evidence to 18.04.2020.
Judge
06/03/2020
SU- 1443/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Matter is for evidence. Put it for dismissal order.
The matter is adjd for dismissal to 19.06.2020.
Judge
06/03/2020
SU- 6992/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for plaintiff present.
Adv. Dalal for deft. no.6 present.
Adv. for deft. no.6 seeks time for cross examination of PW-
2. Granted.
The matter is adjd for evidence to 17.04.2020.
Judge
06/03/2020
SU- 7425/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for plaintiff present.
Adv. Dalal for deft. no.6 present.
The matter is adjd for N/M hearing to 17.04.2020.
Judge
-- 4 of 17 --
Noting : 06.03.2020 5 C. R. No. 01
06/03/2020
SU- 8337/98
Exh.28
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Devang Shah for plaintiff present.
Adv. Almeda for deft. no.4 present.
Adv. for plaintiff filed original witness summons. T.O.R.
Adv. for plaintiff filed application for issuance of fresh
witness summons.
O. - Read application. Issue fresh witness summons to
witness for adducing evidence and to produce documents
as per summons.
The matter is adjd for evidence to 03.04.2020.
Judge
06/03/2020
SU- 1512/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ravi for plaintiff present. Plaintiff present.
Ld. counsel for plaintiff seeks time to file evidence.
Granted.
The matter is adjd for evidence to 16.06.2020.
Judge
06/03/2020
SU- 230/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Pratik Shinde for deft. present.
Say filed by Adv. for deft. on Exh.6.
The matter is adjd for hearing on Exh.6 to 24.04.2020.
Judge
06/03/2020
SU- 1602/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. D'silva for deft. no.6 present.
Adv. Raorane for deft. no.10 present.
The matter is adjd for framing issues to 18.04.2020.
Judge
06/03/2020
SU- 875/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mannadiar for plaintiff present.
None for deft.
The matter is adjd for framing issues to 20.06.2020.
Judge
-- 5 of 17 --
Noting : 06.03.2020 6 C. R. No. 01
06/03/2020
SU- 1164/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for framing issues to 20.06.2020.
Judge
06/03/2020
SU- 2161/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Sing long the plaintiff has not taken steps to serve the
defendants. Put the case for dismissal order.
The matter is adjd for dismissal to 04.05.2020.
Judge
06/03/2020
SU- 2120/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff has not filed affidavit of service and has not
taken steps to serve deft. Put the case for dismissal order.
The matter is adjd for dismissal to 05.05.2020.
Judge
06/03/2020
SU- 7250/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for plaintiff present.
Adv. Haindaday for deft. no.1 present.
Heard arguments of Adv. Mr. Thorat.
The matter is adjd for judgment to 21.03.2020.
Judge
06/03/2020
SU- 103/14
Exh.30
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bipin Joshi for plaintiff present.
Adv. Vivek Vashi for deft. nos.1(a) to 1(d) present.
Application for issuance of witness summons for
production of documents.
O. - Read application. Heard. Issue witness summons
only for production of documents.
The matter is adjd for evidence to 13.03.2020.
Judge
-- 6 of 17 --
Noting : 06.03.2020 7 C. R. No. 01
06/03/2020
SU- 4197/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Gaikwad for plaintiff present.
Draft Ch/sum tendered by plaintiff. Leave is granted to
register it.
The matter is already adjd to 12.03.2020.
Judge
06/03/2020
Exe. Apln.
242/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonal Awasthi for DH present.
Adv. Samarth Patel for JD present.
Ld. counsel for DH seeks time for taking steps in the
execution. Granted as last chance.
The matter is adjd for steps to 28.04.2020.
Judge
06/03/2020
Exe. Apln.
381/13
Exh.24
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present when the matter was called.
Last chance is granted to DH to take steps in execution.
The matter is adjd for steps to 29.04.2020.
L.O.
Adv. Zinal Vani for DH present.
Application filed by the applicant for correction in the
order and for return of the documents.
O. - Read application. Heard. It appears that in the cause
title of the order, the name of the applicant is written
“Rahul G. Dethe” instead of “M/s. Infinity Group”. The
same appears to be typographical error. The same does
not affect the rights of the parties, hence the Sheristedar
is directed to correct the name of the applicant in the
cause title of the order and get it attested from this court.
The steno is directed to correct the same in the PDF file
and accordingly, post the corrected PDF file.
The applicant has also prayed for return of original
documents. The original documents be returned to the
applicant after verifying the identity of applicant and
following the due procedure as contemplated in Civil
Manual. Application (Exh.24) is disposed off accordingly.
The matter is already adjd for steps to 29.04.2020.
Judge
-- 7 of 17 --
Noting : 06.03.2020 8 C. R. No. 01
06/03/2020
SU- 2327/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present.
None for deft.
Plaintiff tendered affidavit of service. T.O.R.
On perusal of record, it appears that deft. appeared in the
matter and failed to file W/S, therefore matter was
proceeded without W/S of deft. It is inadvertently noted
in the roznama that N/M and writ of summons has not
been served to deft.
The affidavit of service filed by plaintiff shows that the N/
M has been served upon Sona Gupta. As in the matter,
deft. himself and through his advocate appeared and
sought time to file W/S and reply. It appears that deft.
has been duly served. The matter is proceeded without
W/S of deft. Deft. has not filed reply hence N/M to
proceed without reply of deft.
The matter is adjd for hearing of N/M to 16.06.2020.
Judge
06/03/2020
SU- 869/15
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present. Plaintiff present.
Deft. no.1 present.
Application for withdrawal of the suit filed by Adv. for
plaintiff.
ORDER BELOW EXH.1 AND EXH.5
The application is filed by the plaintiff for withdrawal of
suit on the count that the other two suits pending in
different court were disposed off as in one of the suit,
consent terms was filed by the parties. The plaintiff does
not wish to proceed with the present suit. On verification
by this court with the plaintiff, she submitted that she
does not wish to proceed with the suit and wish to
unconditionally withdraw the suit hence, it is expedient to
pass the following order.
ORDER
1. Suit is disposed off as withdrawn.
2. No order as to costs.
3. Court fees be refunded as per rules.
4. Pending N/M's are also disposed off accordingly.
Judge
-- 8 of 17 --
Noting : 06.03.2020 9 C. R. No. 01
06/03/2020
SU- 809/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonali Patil for plaintiff present.
None for defts.
The N/M no.240/19 to proceed without reply of deft.
nos.1 to 4 and 7 to 8.
The matter is adjd for hearing on N/M to 11.06.2020.
Judge
06/03/2020
SU- 2245/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Javed Akhtar Khan for plaintiff present.
Adv. Giriraj for deft. present.
Heard arguments on N/M.
The matter is adjd for order on N/M to 18.03.2020.
Judge
06/03/2020
SU- 2888/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Soni Pandey for plaintiff present.
Adv. Shirke for deft. present.
Plaintiff filed rejoinder to the reply of the deft. to N/M
No.1309/19. T.O.R.
The matter is adjd for N/M hearing to 12.06.2020.
Judge
06/03/2020
SU- 326/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Aishwarya Venkatraman for deft. nos.1 and 2
present.
Adv. Omkar Dalvi for deft. no.7 present.
None present on behalf of plaintiff and also on behalf of
deft. nos.5 and 6 to inform about the compliance of the
order dated 18.11.2019 for supplying the copy of plaint,
N/M and annexures to deft. nos.5 and 6.
The matter is adjd for further order to 15.06.2020.
Judge
-- 9 of 17 --
Noting : 06.03.2020 10 C. R. No. 01
06/03/2020
Delay
condonation
602/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Applicant in person present.
Ajay Tiwari, Clerk to Court receiver present and he seeks
time to file reply. Granted.
The matter is adjd for reply to 07.04.2020.
Judge
06/03/2020
SU- 702/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The deft. in-spite of service failed to remain present hence
N/M no.3308/18 to proceed in the absence of deft.
The matter is adjd for hearing of N/M to 02.05.2020.
Judge
06/03/2020
SU- 4990/81
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for order to 23.03.2020.
Judge
-- 10 of 17 --
Noting : 06.03.2020 11 C. R. No. 01
06/03/2020
SU- 204/90
Exh.64
Exh.65
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Babita Kesharwani for plaintiff nos.4 and 11 present.
Adv. Salman Haider for deft. nos.1 and 2 present.
Adv. Mr. Devang Shah for deft. no.3 present.
Adv. Pandey for applicant in Ch/sum no.51/20 present.
Adv. Mr. Mishra for applicant in Ch/sum 591/19 present.
Adv. Mrutyunjay for plaintiff nos.13(a) to 13(e) present.
Adv. K.M. Bhatia for plaintiff no.26 present.
Adv. Mamata Sadh along with Asha B. i/b. Smita G. for
applicant in Ch/sum 2037/18 and deft. nos.15, 19, 22(1)
and 22(b) present.
Priti Pawshe along with Uma Dalvi, representative of
Court Receiver, Hon'ble High Court, Bombay present.
Adv. P.D. Gandhi for plaintiff no.24 present.
Vakalatnama filed on behalf of plaintiff no.24 by M/s. P.D.
Gandhy and Associates.
O. - Seen and filed.
Draft N/M tendered by plaintiff no.24. Leave is granted
to register.
Counsel for plaintiff no.24 to supply the copy to the
concerned parties and to the respondents.
Adv. for plaintiff no.26 filed service affidavit. T.O.R. It
appears that plaintiff no.26 made attempt to serve the
copy of application (Exh.61) to occupant but she refused
to accept.
Heard argument on Exh.61.
Ld. counsel for plaintiff nos.4 and 11 submitted that the
applicant in Ch/sum no.51/20 has not supplied the copies
of Ch/sum and annexures. Counsel for applicant to
supply the copies to the counsel for plaintiff nos.4 and 11.
Heard argument on N/M No.4705/19.
Adv. for plaintiff no.26 filed application for production of
documents.
O. - Production is allowed.
The matter is adjd for order on Exh.61, order on N/M
no.4705/19 and reply to N/M to 20.04.2020.
Judge
-- 11 of 17 --
Noting : 06.03.2020 12 C. R. No. 01
06/03/2020
SU- 1196/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
For want of time, the matter is adjd for order to
13.03.2020.
Judge
06/03/2020
Exe. Apln.
29/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
For want of time, the matter is adjd for order to
18.03.2020.
Judge
06/03/2020
SU- 751/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vikrant Makre for plaintiff present.
None for deft.
Partly dictated.
Court time is over.
The matter is adjd for judgment to 09.03.2020.
Judge
06/03/2020
SU- 1691/16
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pratap Singh for plaintiff present.
Adv. Gandhi for deft. nos.1 to 3 present.
Adv. for deft. nos.1 to 3 filed application to set aside no
reply order.
O. - Read application. In the interest of justice,
permission is granted to file reply to N/M No.3369/19 by
setting aside the order of no reply.
Adv. for deft. nos.1 to 3 filed reply to N/M No.3369/19.
T.O.R.
The matter is adjd for N/M hearing to 03.04.2020.
Judge
-- 12 of 17 --
Noting : 06.03.2020 13 C. R. No. 01
06/03/2020
SU- 3993/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chouhan for plaintiff present.
None for deft.
Plaintiff filed affidavit of service in Ch/sum no.1609/19
and also in ch/sum no.1610/19. T.O.R.
None present on behalf of proposed L.R.'s of deft. nos.1
and 4.
ORDER IN CH/SUM NO.1609/19
Heard. This Ch/sum is for bringing legal heirs of deft.
no.1 on record. The Ch/sum is not opposed either by
other defendants or by the proposed L.R.'s of deft. no.1. It
is the contention of the plaintiff that deft. no.1 Madhukar
Patil expired on 23.09.2017. The information of the same
came to the advocate of plaintiff on 06.08.2018. The Ch/
sum is filed in August 2019, almost after a period of one
year of getting the information. The contention of the
plaintiff is that the death certificate was received after a
considerable period. The plaintiff prayed for condoning
the delay.
The delay is of 730 days in bringing the L.R's. The
Ch/sum is not opposed by the other defendants and
respondents. There should not be hyper-technical and
pedantic approach in dealing with such Ch/sum. No
prejudice would be caused to the defts. if L.R.'s of deft.
no.1 are joined as party. In the interest of justice, Ch/sum
needs consideration and it is expedient to pass the
following order.
ORDER
1. Ch/sum No.1609/19 is made absolute in terms of
prayer clause (a) and (b) subject to cost of Rs.500/- to be
deposited with the legal aid within a period of two weeks.
2. Plaintiff to carry out necessary amendment within a
period of 14 days from today.
3. Ch/sum No.1609/19 is disposed off accordingly.
ORDER IN CH/SUM NO.1610/19
Heard. This Ch/sum is for bringing legal heirs of deft.
no.4 on record. The Ch/sum is not opposed either by
other defendants or by the proposed L.R.'s of deft. no.4. It
is the contention of the plaintiff that deft. no.4 Manohar
Patil expired on 07.04.2017. The information of the same
came to the advocate of plaintiff on 06.08.2018. The Ch/
sum is filed in August 2019, almost after a period of one
year of getting the information. The contention of the
-- 13 of 17 --
Noting : 06.03.2020 14 C. R. No. 01
contd...
SU- 3993/09
plaintiff is that the death certificate was received after a
considerable period. The plaintiff prayed for condoning
the delay.
The delay is of 880 days in bringing the L.R's. The
Ch/sum is not opposed by the other defendants and
respondents. There should not be hyper-technical and
pedantic approach in dealing with such Ch/sum. No
prejudice would be caused to the defts. if L.R.'s of deft.
no.4 are joined as party. In the interest of justice, Ch/sum
needs consideration and it is expedient to pass the
following order.
ORDER
1. Ch/sum No.1610/19 is made absolute in terms of
prayer clause (a) and (b) subject to cost of Rs.500/- to be
deposited with the legal aid within a period of two weeks.
2. Plaintiff to carry out necessary amendment within a
period of 14 days from today.
3. Ch/sum No.1610/19 is disposed off accordingly.
The matter is adjd for compliance to 02.04.2020.
Judge
-- 14 of 17 --
Noting : 06.03.2020 15 C. R. No. 01
06/03/2020
COMM
SU- 160/19
Exh.12
Exh.13
Exh.14
Exh.15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Patil for plaintiff present.
Adv. Janki Ravi for deft. present.
Cost of Rs.200/- is paid to the plaintiff.
Adv. for deft. filed application.
Adv. for plaintiff filed say.
O. - Read application and say. As per case management
programme, the defendant was supposed to tender
affidavit of evidence on or before 29.02.2020. The
defendant failed to adhere to time limit. Hence, the right
of defendant to adduce evidence was forfeited. The cross
examination of PW-1 is not yet started. Plaintiff has no
objection for this application. Hence, the application is
allowed and defendant is permitted to adduce evidence.
Affidavit of evidence of DW-1 Balkrishna Pralhad Bhosale.
Verification of DW-1 is completed.
ORDER BELOW EXH.8
Heard. The document at Sr. no.1 is original promissory
note, therefore, it can be marked as exhibit. The
document at Sr. no.2 is the copy of form no.10, the
original of which was brought and was verified with the
copy and the copy is found to be correct. The document
at Sr. no.4 is the copy of license, the original of which was
brought and was verified with the copy and the copy is
found to be correct. The document at Sr. no.5 is the
extract of the cash book, the original cash book was
brought and was verified with the copy and the copy is
found to be correct. The document at Sr. no.6 is the
extract of the ledger, the original ledger was brought and
was verified with the copy and the copy is found to be
correct. Hence, these documents are marked as exhibits.
Office copy of letter dated 31.12.2018 along with postal
receipt is filed at Sr. no.3. Even, the two sealed postal
envelopes are also filed. The letters from the sealed
envelopes are also taken out. All these documents are
collectively marked as exhibits.
The copy of power of attorney is tendered along with the
plaint. The original is brought and the same is verified
with the copy and copy is found to be correct. Hence, it is
marked as exhibit. All the original documents are
returned to the plaintiff.
Original demand promissory note.
Copy of form no.10.
COMM 160/19
-- 15 of 17 --
Noting : 06.03.2020 16 C. R. No. 01
contd...
Exh.16 colly.
Exh.17
Exh.18
Exh.19
Exh.20
Demand notice dated 31.12.2018 along with postal
receipt and original packet.
Copy of money lending license.
Extract of the cash book.
Extract of the ledger.
The copy of power of attorney.
The matter is adjd for evidence to 09.03.2020.
Judge
06/03/2020
COMM
SU- 161/19
Exh.12
Exh.13
contd...
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Patil for plaintiff present.
Adv. Janki Ravi for deft. present.
Cost of Rs.200/- is paid to the plaintiff.
Adv. for deft. filed application.
Adv. for plaintiff filed say.
O. - Read application and say. As per case management
programme, the defendant was supposed to tender
affidavit of evidence on or before 29.02.2020. The
defendant failed to adhere to time limit. Hence, the right
of defendant to adduce evidence was forfeited. The cross
examination of PW-1 is not yet started. Plaintiff has no
objection for this application. Hence, the application is
allowed and defendant is permitted to adduce evidence.
Affidavit of evidence of DW-1 Balkrishna Pralhad Bhosale.
Verification of DW-1 is completed.
ORDER BELOW EXH.8
Heard. The document at Sr. no.1 is original promissory
note, therefore, it can be marked as exhibit. The
document at Sr. no.2 is the copy of form no.10, the
original of which was brought and was verified with the
copy and the copy is found to be correct. The document
at Sr. no.4 is the copy of license, the original of which was
brought and was verified with the copy and the copy is
found to be correct. The document at Sr. no.5 is the
extract of the cash book, the original cash book was
brought and was verified with the copy and the copy is
found to be correct. The document at Sr. no.6 is the
extract of the ledger, the original ledger was brought and
was verified with the copy and the copy is found to be
correct. Hence, these documents are marked as exhibits.
Office copy of letter dated 31.12.2018 along with postal
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Noting : 06.03.2020 17 C. R. No. 01
COMM
161/19
Exh.14
Exh.15
Exh.16 colly.
Exh.17
Exh.18
Exh.19
Exh.20
receipt is filed at Sr. no.3. Even, the sealed postal
envelope is also filed. The letter from the sealed envelope
is also taken out. All these documents are collectively
marked as exhibits.
The copy of power of attorney is tendered along with the
plaint. The original is brought and the same is verified
with the copy and copy is found to be correct. Hence, it is
marked as exhibit. All the original documents are
returned to the plaintiff.
Original demand promissory note.
Copy of form no.10.
Demand notice dated 31.12.2018 along with postal
receipt and original packet.
Copy of money lending license.
Extract of the cash book.
Extract of the ledger.
The copy of power of attorney.
The matter is adjd for evidence to 09.03.2020.
Judge
Completed.
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