Full Order Text
Final Order 1 · 03 Sept 2019 · CNR MHCC010092742019
Order Details: Other Pdf Text: Noting : 03/09/2019 1 C. R. No. 01 03/09/2019 SU-8123/96 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Maya Sarkar for plff. Present. Adv.Mr. Abhishek Yadav for deft no.3 present. The Ld counsel for the plff. submitted that the matter before the Hon'ble High Court is on 26.9.2019. She further submitted that the witness is abroad and she will come at the end of the month. She seeks adjournment. Adjournment is granted. Adjd. to 4.10.2019 for r/evidence. Judge 03/09/2019 SU-7758/97 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plff. Adv.Mr.Yadav for deft no.1. The counsel for deft no.1 submitted that the copy of evidence was not supplied by the plff. Already several opportunity were given to the plff. to supply the copy. As a last chance time is granted to supply the copy of affidavit of evidence and document to the deft. Matter is adjd, to 4.10.2019 for r/evidence. Judge 03/09/2019 SU-9795/82 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plff. Adv.Mr.Mehul Shah for deft nos.5,8 and 9. Adv.Mr.Dhangar for deft nos.6 and 7. PW 1 is present. Ex.43- Pursis filed by PW 1. Read Pursis. Heard PW 1 in person. The counsel for deft nos.5,8 and 9 who had cross examined PW1 has given no objection for the correction in evidence. Even the counsel for deft nos.6 and 7 had given no objection and accordingly the minutes of the evidence dated 21.8.2019 is corrected. The plff seeks time for adducing further evidence. Adjd. to 23.9.2019. Judge 03/09/2019 SU-4097/03 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Matter is stayed. Hence adjd to 6.11.2019. Judge 03/09/2019 SU-4098/03 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Matter is stayed. Hence adjd to 6.11.2019. Judge -- 1 of 8 -- Noting : 03/09/2019 2 C. R. No. 01 03/09/2019 SU-4099/03 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Matter is stayed. Hence adjd to 6.11.2019. Judge 03/09/2019 SU-5152/12 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Since long the matter is pending for evidence of the plff. But plff. failed to file the evidence. Hence kept for dismissal on 7.11.2019. Judge 03/09/2019 SU-1159/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plff. Present. Deft present. Adv.Mr.Redekar for deft present. Adv. for deft seeks time for filing say on Ex.9. Ad. for filing say and hearing on Ex.9 to 18.10.2019. Judge 03/09/2019 SU-2650/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Matter is for evidence of the plff. Adjd. as last chance. Adjd. to 8.11.2019 for r/evidence. Judge 03/09/2019 SU-2894/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv.Mrs.Narvekar for plff. present. Adv.Mr.Viren Tripati for deft. PW 1 is not present. Already several chances were granted to the plff. Keep matter for dismissal order. Adjd. to 15.10.2019 for dismissal. Judge 03/09/2019 SU-3056/10 Exh.4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plff. Adv.Mr.Vinay Bhorge for deft nos.12 and 13 Adv. Pillai for pltff present. Application under order XI, Rule 14 of CPC 1908 filed by pltff. O- Call say of Defendant no.12. Matter is adjd to 09.10.2019 for reply on Exh.4. Judge 03/09/2019 Rev.Pet. 51/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Petitioner present. On perusal of service affidavit it appears that the Respt.no.2 and 3 have been duly served. Petition to proceed in absence of Respt.nos.2 and 3. Petitioner to take step for service to Respdt no.4-A to 4-C. Adjd. for taking steps to 7.10.2019. Judge -- 2 of 8 -- Noting : 03/09/2019 3 C. R. No. 01 03/09/2019 SU-214/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plff. Adv.Ms.Sarang for deft. present. Adjd. to 21.9.2019 for f/issues. Judge 03/09/2019 SU-7773/98 Exh.55 Exh.56 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for pltff. Adv. Gitika Rajpal for deft no.18 to 24 and 27 to 32 present. Affidavit of evidence filed by deft no.18 to 24 and 27 to 32. Compilation of documents filed by deft no.18 to 24 and 27 to 32. O – Call say of plaintiff. Matter is adjd to 26.09.2019 for R.E/P.H. Judge 03/09/2019 SU-2896/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Ms.Kanchan Dubey for plff. Ld.counsel for plff. seeks time for adducing evidence. Adjd. to 17.10.2019. Judge 03/09/2019 SU-564/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Adjd. to 5.10.2019 for f/issues. Judge 03/09/2019 SU-2728/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Anil Mishra for plaintiff present. None present for defendant. The Ld counsel for the pltff submitted that the pltff wish to challenge the order dated 06.8.2019 and seeks time for compliance. Matter is adjd to 21.10.2019 for compliance Judge 03/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 3 of 8 -- Noting : 03/09/2019 4 C. R. No. 01 SU-783/14 Adv.Mr.Mandon for plff.present. Adv.Ms Gayatri Sharma for deft. no.1 present. Heard. Adjd. for Judgment to 16.09.2019. Judge 03/09/2019 SU-758/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv.Mr.Pratap Singh @ Pal for plff present. None present for defendant. K.B. Heard advocate for plaintiff. Matter is adjd to 18.09.19 for Ex-parte Judgment. Judge 03/09/2019 SU-3803/13 Exh.8 Exh.9 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Ms. Frahnak D. Contractor for plff. Present. Deft. present. KB. Affidavit of evidence filed by plaintiffs. Compilation of documents filed by plaintiff. O – Call say of defendant. Matter is adjd to 21.10.2019 for Recording Evidence. Judge 03/09/2019 SU-1928/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Shruti Kanade plaintiff present. Adv. Kshama Shah for defendant present. Ld. Counsel for defendant seeks time to file reply to NM and WS. Time is granted to file reply and to file WS if within the 90 day of Writ of summons. Matter stands adjn for filing reply to NM and WS to 01.10.19. Judge 03/09/2019 SU-7538/81 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Shah for pltff present. Adv. Tejas Shah for deft no.10 to 12 present. K.B L.O Draft N/M @ affidavit in support of N/M and additional Written Statement. Leave granted to register. Matter is adjd 27.09.2019 for Reply and hearing of N/M Judge 03/09/2019 SU-44/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff present in person. Defendant present. Keep Back LO -- 4 of 8 -- Noting : 03/09/2019 5 C. R. No. 01 Adv. for Javed Akhtar Khan for plaintiff present. Adv. Mandavkar for defendant present. Ld. counsel for defendant submitted that the other suit filed by defendant is pending with the file of CR no. 9 and the defendant has moved transfer application before the Hon'ble Principle Judge which is listed on 07/09/19. Hence, he prayed for adjournment. In view of the matter, the present matter adjn to 04.10.19 for NM hearing. There is element of settlement between the parties. Hence, Matter referred to mediation. Judge 03/09/2019 SU-588/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Dalal for plaintiff present . Adv. for defendant present. Matter adjn for NM hearing to 27.09.19. Judge 03/09/2019 SU-7581/81 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Ms. Kanchan Dubey for pltff present. Adv. Neha Bhat for deft no.2(a) to 2(e) and 3 present. Pltff has tendered draft Ch/s. Leave is granted to register draft Ch/s. Say filed by counsel for defendant. Heard The Ld Counsel for the pltff submitted that the deft 2(b) expired on 02.09.2018. She would submit that the information was given by the counsel for deceased defendant no.2(b) vide letter dated 21.08.2019 and therefore within 30 days of the knowledge the death of deft no.2(b) pltff applied for bringing his legal representatives on record. The Ld counsel for deft no.2(a) to 2(e) have no objection for allowing the amendment. On perusal of the affidavit in support of Ch/s it appears that the deft no.2(b) passed away on 02.09.2018. The said fact was brought to the notice of the pltff by letter of the Ld counsel for deft no.2(b) dated 21.08.2019. As per order 22 rule 10(A) of the CPC, it is the duty of pleader to communicate to court death of the party. It appears that no such information was tendered by the pleader of the deceased defendant. It appears that the pltff has immediately filed Ch/s after getting the information of the death of deft no.2(b) hence the Ch/s needs consideration. Therefore it is just and expedient to pass following order: ORDER 1. Ch/s is allowed in terms of prayer clause (a) to (c). 2. Plaintiff to carry out necessary amendment within 14 -- 5 of 8 -- Noting : 03/09/2019 6 C. R. No. 01 days. 3. Ch/s be registered for statistical purposes. 4. Ch/s is disposed of accordingly. Matter is adjd to 24.09.2019 for Compliance. Judge 03/09/2019 Rev.Pet. 51/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Petitioner present. On perusal of service affidavit it appears that the Respt.no.2 and 3 have been duly served. Petition to proceed in absence of Respt.nos.2 and 3. Petitioner to take step for service to Respdt no.4-A to 4-C. Adjd. for taking steps to 7.10.2019. LO Adv. U.V. Singh for respondent no. 1 present. Judge 03/09/2019 SU-2348/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Mangoankar for plaintiff present. Adv. Vinod Sampat for defendant present. LO Adv. Sakina for defendant present and filed reply to NM. Copy served to other side. Matter stands adjn for NM hearing to 17/09/19. Judge 03/09/2019 SU- 2827/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Poonam Kadam for plaintiff present. Defendant no. 2 present. Ld. counsel for Plaintiff submitted that the Nm was registered but same is not traceable at the department and therefore seeks time to tendered registered NM. On the request of the Ld. Counsel for plaintiff, time is extended for writ of summons. Matter adjn for reply to NM and filing registered NM to 14.10.19. Judge 03/09/2019 SU-1058/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. for plaintiff present. Adv. for defendant present. Ld. counsel for plaintiff seeks time to supply amended copy of the plaint to the defendants. Time is granted. Matter adjn for compliance to 21.10.19. Judge 03/09/2019 SU-2888/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Madhavi Rai for plaintiff present. None present for defendant. Reply is not filed by the defendant to the NM. Hence, Nm to proceed without reply of the defendants. Matter adjn for hearing on NM to 22.10.19. -- 6 of 8 -- Noting : 03/09/2019 7 C. R. No. 01 Judge 03/09/2019 SU- 8159/00 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present for plaintiff. Adv. Halwasiya with Ansari for defendant no. 1(a) present. Reconstructed reply to CS filed by advocate for defendant no. 1(a). Matter stands adjn for Hearing on CS 1886/18 to 25.09.19. Judge 03/09/2019 MA 52/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Decree Holder present.. The Court is busy in final argument in Suit no.783/14 and Suit no.758/16 hence adjd. to 5.9.2019. Judge 03/09/2019 SU-453/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv.Ms.Arora for plff. Present. Adv.Sakina for deft no.2 present. The Court is busy in final argument in Suit no.783/14 and Suit no.758/16, hence adjd. to 9.9.2019 for order. Judge 03/09/2019 MA 138/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv.Ms.Apurva Chindarkar foer applicant presentr. Adv.Mr.Sen For Respondent no.9 present. The Court is busy in final argument in Suit no.783/14 and Suit no.758/16 hence adjd. to 7.9.2019. Judge 03/09/2019 MA 139/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv.Ms.Apurva Chindarkar foer applicant presentr. Adv.Mr.Sen For Respondent no.9 present. The Court is busy in final argument in Suit no.783/14 and Suit no.758/16 hence adjd. to 7.9.2019. Judge 03/09/2019 Exec.280/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Parties and adv. are absent. The Court is busy in final argument in Suit no.783/14 and Suit no.758/16 hence adjd. to 5.9.2019. Judge 03/09/2019 MA 22/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Decree Holder present. The Court is busy in final argument in Suit no.783/14 and Suit no.758/16 hence adjd. to 5.9.2019. Judge 03/09/2019 MA 23/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Decree Holder present.. The Court is busy in final argument in Suit no.783/14 and Suit no.758/16 hence adjd. to 5.9.2019. Judge 03/09/2019 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 7 of 8 -- Noting : 03/09/2019 8 C. R. No. 01 SU 1215/19 The Court is busy in final argument in Suit no.783/14 and Suit no.758/16 hence adjd. to 09.09.2019. Judge -- 8 of 8 --
