Final Order 1

Order Details: Other
Pdf Text: Noting : 1 C. R. No. 01
20/09/2019
SU-6085/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ajay Fernandes for defendant present.
Manish Rajda, Purchase Officer of Plaintiff / BARC is
present. He submitted that counsel is stuck due to heavy
rain. He seeks adjournment. Considering the reason,
adjournment is granted.
Adjourned for arguments to 7.10.2019.
Judge
20/09/2019
SU-751/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jinal Gogri for plaintiff present.
None present for defendant.
The Ld. counsel for the plaintiff seeks adjournment.
Hence, matter is adjourned to 27.9.2019 at 12.30 pm.
Judge
20/09/2019
SU-4794/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Murtuza for plaintiff present.
Adv. Ansari for defendant present.
The Ld. Advocate for the plaintiff and defendant
submitted that the Transfer Application has been filed by
the defendant before the Hon'ble Principal Judge and
therefore the matter is adjourned to 10.10.2019.
Judge
20/09/2019
SU-3729/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Rajesh Thakur h/f Adv. Shukla for defendant no. 1
present.
Adv. Rizvi for defendant no. 3 present.
Defendant no. 1 present.
Last chance is granted to defendant no. 1 for hearing on
admissibility of documents.
Adjourned for hearing on admissibility of the documents
to 8.11.2019.
Judge
-- 1 of 17 --
Noting : 2 C. R. No. 01
20/09/2019
SU-6889/06
Exh. 18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Fatima for plaintiff present.
Adv. Koli for defendant no. 2 present.
Adv. Jadhav for defendant no. 1 present.
Vakalatnama filed on behalf of defendant no. 1. O-Seen
and filed.
Defendant no. 1 seeks time for cross examination even
the witness is not present.
Adjourned for cross of PW-1 to 4.11.2019.
Judge
20/09/2019
SU-6683/06
Exh. 34-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Bansal for defendant no. 3 present.
Adv. S. R. Tejpal with Adv. Dushyant Tejpal for defendant
no. 2 present.
Say filed by defendant no. 2 to Exh. 34.
Adjourned for hearing on admissibility of the documents
to 6.11.2019.
Judge
20/09/2019
SU-414/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for further evidence of the plaintiff as a last
chance to 14.11.2019
Judge
20/09/2019
SU-51/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Panjwani for plaintiff present.
Adv. Patil for defendant present.
The Ld. Advocate for the defendant seeks time to file
written statement. It appears that the defendant has not
filed the written statement within stipulated time.
Hence, suit to proceed without written statement.
Adjourned for evidence of plaintiff to 20.11.2019.
Judge
-- 2 of 17 --
Noting : 3 C. R. No. 01
20/09/2019
Commercial
Suit No. 40/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shefali Bhasin for plaintiff present.
Adv. Sarang for defendant present.
The Ld. counsel for the defendant submitted that the
defendant is likely to settle the matter with the plaintiff.
Therefore seeks time to file written statement.
Adjourned for filing written statement to 3.10.2019
Judge
20/09/2019
SU-2445/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for exparte evidence to 20.11.2019
Judge
20/09/2019
SU-558/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for compliance to 13.11.2019.
Judge
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-- 3 of 17 --
Noting : 4 C. R. No. 01
20/09/2019
SU-4192/13
Exh. 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Issues framed by the court.
Adjourned for evidence of plaintiff, list of witnesses and
compilation of documents to 14.11.2019.
Judge
20/09/2019
SU-1308/15
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Girish Pawar for plaintiff present
Plaintiff present.
Defendant no. 3 present.
Issues framed by the Court.
Adjourned for evidence of plaintiff, list of witnesses and
compilation of documents to 19.11.2019.
Judge
20/09/2019
SU-180/16
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mayur Faria for plaintiff present.
Adv. Aashi Sirohiwala for defendants present.
Application filed by the plaintiff.
Adjourned for reply on Exh. 5 to 11.11.2019.
Judge
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-- 4 of 17 --
Noting : 5 C. R. No. 01
20/09/2019
SU-3905/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Amar Gharte for plaintiff present.
Adv. Ashwini Mahadik for defendant nos. 2 and 3
present.
Adv. Baudh for defendant no. 6 and 7 present.
Cross examination of PW-1 partly recorded.
Adjourned for further cross examination of PW-1 to
21.11.2019.
Judge
20/09/2019
SU-2803/18
Exh. 29
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yadav with Adv. B. P. Shukla for plaintiff present.
Adv. Rapolu for defendant nos. 1 to 6 and 10 present.
Adv. Babu Singh for defendant nos .7, 8, 9 and 11
present.
Order below Exh. 28
Application is not pressed. Hence filed.
_______________________________________
Affidavit of examination in chief of PW-2-Firoz Dilwar
Khan.
Adjourned for cross examination of PW-2 to 17.10.2019.
Judge
20/09/2019
SU-2804/18
Exh. 27
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yadav with Adv. B. P. Shukla for plaintiff present.
Adv. Rapolu for defendant nos. 1 to 6 and 10 present.
Adv. Babu Singh for defendant nos .7, 8, 9 and 11
present.
Order below Exh. 26
Application is not pressed. Hence filed.
_______________________________________
Affidavit of examination in chief of PW-2-Firoz Dilwar
Khan.
Adjourned for cross examination of PW-2 to 17.10.2019.
Judge
-- 5 of 17 --
Noting : 6 C. R. No. 01
20/09/2019
SU-1345/16
Exh. 7
Exh. 8
Exh. 9
Exh. 10
Exh. 11
Exh. 12
Exh. 13
Exh. 14 colly.
Exh. 15
Exh. 16
Exh. 17 colly.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. M. A. Khan for plaintiff present.
Heard Ld. Advocate for the plaintiff on admissibility of
the documents.
Email letter 7.2.2011.
Email letter dt. 5.9.2012 attached with the revenue
records (only first page).
Email letter dated 27.9.2012.
Email letter dt. 17.10.2012.
MOU dt. 11.7.2012.
Email letter dated 7.12.2015.
Letter dt. 23.6.2015.
Copy of notice 15.7.2015.
Return packet of RPAD.
Packet (Exh. 15) was opened and the notice is taken out
and notice is marked as Exh. 16
Notice dated 15.7.2015.
Certificates u/s 65-B of Evidence Act.
Adjourned for further evidence of plaintiff to
17.10.2019.
Judge
20/09/2019
SU-4098/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Moman for plaintiff present.
None present for defendants.
Adjourned for further evidence of plaintiff to 1.11.2019.
Judge
20/09/2019
SU-2972/14
Exh. 9
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aditya Khare for plaintiff present.
Adv. Pratik Shah for defendant no. 2 present.
Adv. Ghatte for defendant no. 1 present.
Vakalatnama filed on behalf of defendant no. 1. O-Seen
and filed.
It appears that there is element of settlement. Hence
matter be referred for mediation.
Adjourned for mediation report to 25.9.2019.
Judge
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Noting : 7 C. R. No. 01
20/09/2019
EA-769/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Puranik for DH present.
Adv. Aditya Khare for JD present.
The Ld. counsel for the DH submitted that the talks of
settlement is going on and seeks two weeks time.
Adjourned for hearing on NM to 18.10.2019.
Judge
20/09/2019
SU-1431/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhatia for plaintiff present.
Draft NM tendered by the plaintiff. Leave is granted to
register.
Adjourned for reply to NM to 18.10.2019.
Judge
20/09/2019
SU-3152/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C. R. No. 4
Plaintiff present.
Adv. Raut for defendant no. 2 present.
Adv. Viveka for defendant no. 1 present.
Plaintiff seeks time as his advocate is hospitalized.
Adjourned for hearing on NM and Chamber Summons to
25.9.2019.
Judge
20/09/2019
SU-2997/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Shailesh Pansare for defendant present.
Adjourned as a last chance for hearing on NM to
18.11.2019.
Judge
20/09/2019
SU-162/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present.
Adv. Chetiyar for defendant no. 1 present.
Plaintiff tendered registered NM no. 612/19.
Rejoinder filed by the plaintiff to the reply filed by the
defendant.
Adjourned for NM hearing to 19.11.2019.
Judge
-- 7 of 17 --
Noting : 8 C. R. No. 01
20/09/2019
SU-211/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present.
Adv. Shweta Sharma for defendant no. 1 present.
Plaintiff tendered registered NM no. 611/19.
Rejoinder filed by the plaintiff to the reply filed by the
defendant.
Adjourned for NM hearing to 19.11.2019.
Judge
20/09/2019
SU-2789/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aditya Khare for plaintiff present.
None present for defendant.
On perusal of the previous date roznama it reveals that
the matter was posted for filing reply by the defendant as
a last chance, but on perusal of the record it no where
reflect that the defendant was served. No affidavit of
service is filed by the plaintiff. Hence, plaintiff to take
steps to serve the defendant through Bailiff of the Court.
Adjourned for affidavit of service to 13.11.2019.
Judge
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-- 8 of 17 --
Noting : 9 C. R. No. 01
20/09/2019
SU-318/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Avnendra Kumar for plaintiff present.
None present for defendant.
FRSR following order is passed on NM No. 164/19
1. Notice of Motion No. 164/19 is made absolute in
terms of prayer clause (a), (c) and (d).
2. It is made clear that the injunction in terms of prayer
clause (a) is only pending the disposal of the suit.
3. Cost in the cause.
4. Notice of Motion is disposed of accordingly.
___________________________________
Adjourned for issues to 19.10.2019.
Judge
20/09/2019
SU-2245/19
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Aditya Khare for defendant present.
Written statement filed by the defendant. TOR. O-Read
and recorded.
The Ld. Counsel for the defendant seeks time to file reply
to NM.
Adjourned for reply to NM and hearing to 13.11.2019.
Judge
-- 9 of 17 --
Noting : 10 C. R. No. 01
20/09/2019
M. A. 90/19
in SU-8978/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Castellino for applicant present.
Heard Ld. Advocate for the applicant.
Order below Exh. 1
This is an application for return of original documents.
The Ld counsel for the applicant / original defendant nos.
2 and 3 submitted that the defendant nos. 2 and 3 have
filed original documents along with affidavit of evidence.
He would submit that the suit was decreed in terms of
consent terms. The documents which the defendant nos.
nos. 2 and 3 have filed are the original documents and
are required by them for their personal use. Hence
prayed for return of the same.
It appears that the suit was compromised by the
defendant nos. 2 and 3 and accordingly consent terms
were drawn. The suit was decreed in terms of the consent
terms. The defendant nos. 2 and 3 have filed the original
Agreement for Sale dated 7.9.2000, original Deed of
Conveyance dated 27.6.2001 and the original possession
letter dated 9.9.2000. Those documents are original and
same were filed by the defendant nos. 2 and 3. As the
suit was disposed of by way of compromise there is no
impediment in returning the original documents of the
defendant nos. 2 and 3 to them. Hence it is expedient to
pass following order.
ORDER
1. Misc. Application No. 90/2019 is allowed.
2. Office to return the original documents, mentioned in
the application, to the defendant nos. 2 and 3 or to their
counsel, as per Civil Manual.
2. Misc. application is disposed of accordingly.
Judge
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-- 10 of 17 --
Noting : 11 C. R. No. 01
20/09/2019
SU-6216/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chandani for plaintiff present.
Adv. Gaonkar for defendant no. 2 present.
Heard Ld. Advocate for plaintiff and defendant no. 2 on
chamber summons.
Order below Chamber Summons No. 1536/18
The plaintiff has tendered this Chamber Summons for
bringing the legal heirs of deceased defendant no. 1 on
record. Heard. The Ld. counsel for the plaintiff
submitted that the defendant no. 1 expired on 18.5.2018
and the very fact was communicated to the plaintiff by
the letter dated 10.7.2018 of the advocate for defendant
nos. 13, 15, 22 and 24. After receipt of the said
communication, the plaintiff immediately filed the
chamber summons for bring the legal heirs on record.
She would submit that the Chamber Summons is within
limitation.
The Ld. counsel for the defendant no. 2 submitted
that the proposed defendants are not made respondents
in the Chamber Summons and therefore the Chamber
Summons is not tenable. In that event those proposed
defendants cannot filed their vakalatnama and reply.
The argument of Ld. counsel for the defendant no.
2 is not acceptable. If the proposed defendants are not
made respondents in chamber summons that does not
mean the chamber summons cannot be entertained. The
plaintiff has served the proposed defendants. The only
thing which the proposed defendants have to point out at
this juncture whether they are legal heirs of deceased
defendant. Therefore the argument canvassed by
defendant no. 1 needs no consideration .
The chamber summons is filed within the period of
limitation and therefore it needs consideration. Hence, it
is expedient to pass following order.
ORDER
1. Chamber Summons No. 1536/2018 is made absolute
in terms of prayer clause (a).
2. Plaintiff to carry out necessary amendment within a
period of 14 days from today.
3. Costs in the cause.
4. Chamber Summons is disposed of accordingly.
__________________________________________
Adjourned for compliance to 18.10.2019.
Judge
-- 11 of 17 --
Noting : 12 C. R. No. 01
20/09/2019
Commercial
Suit -99/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Sujata Natekar for plaintiff present.
Issue writ of summons to the defendants.
Matter is already adjourned to 30.9.2019.
Judge
20/09/2019
SU-5540/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed on Chamber Summons
No. 831/2017.
1. Chamber Summons no. 831/17 is allowed in terms of
prayer clause (a) and the schedule appended to it.
2. The plaintiff to carry out necessary amendment within
14 days from today.
3. Chamber Summons is disposed of accordingly.
_____________________________________________
Adjourned for compliance to 23.10.2019.
Judge
20/09/2019
SC-59/14
Exh.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP absent.
Accused on bail absent.
Adv. Ingle h/f Adv Nalawade for accused present.
PN 876 attached to Versova Police Station present.
Exemption application filed on behalf of accused.
O-Granted for today.
The ld. advocate for the accused seeks time.
Adjourned for argument to 5.10.2019.
Judge
20/09/2019
SC-176/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP absent.
Accused nos. 1 to 4 produced from jail.
Advocate for accused absent.
Adjourned for argument to 21.9.2019.
Judge
20/09/2019
SU-6085/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO
Adv. Mishra for plaintiff present.
Adv. Tulsi for defendant present.
The Ld. Advocate for plaintiff requested to change the
date.
Adjourned for arguments to 15.10.2019.
******** Judge
-- 12 of 17 --
Noting : 13 C. R. No. 01
20/09/2019
SU-2281/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Kudalkar for defendant no. 1 present.
Adv. for defendant no. 1 seeks time to file written notes
of arguments.
Adjourned for filing written notes of argument by
defendant no. 1 to 21.10.2019.
Judge
20/09/2019
SU-8248/02
Exh. 26
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Arti Nimbalkar for defendants present.
Pursis filed by the defendants that they do not want to
lead further evidence. O-Seen.
Adjourned for evidence or arguments, if any, of the
plaintiff on the re-casted issues to 23.9.2019.
Judge
-- 13 of 17 --
Noting : 14 C. R. No. 01
20/09/2019
SU-3940/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. U Singh for plaintiff present.
None present for defendants.
FRSR following order is passed on Chamber Summons
no. 1772/2017
1. Chamber Summons no. 1772/17 is made absolute in
terms of prayer clause (a), (b) and the schedule
appended to it.
2. Plaintiff to carry out necessary amendment within 14
days from today.
3. Chamber Summons is disposed of accordingly.
________________________________________
FRSR following order is passed on Chamber Summons
No. 225/2013
1. Chamber Summons No. 225/13 is made absolute in
terms of prayer clause (a) and the schedule appended to
it.
2. The Chamber Summons No. 1772/2017 was allowed
and the proposed defendant no. 9 in the schedule of
present chamber summons was allowed to be added as
legal heir of the deceased defendant no. 1 and therefore
plaintiff to take care while amending the plaint in that
regard.
3. . Plaintiff to carry out necessary amendment within 14
days from today
4. Chamber Summons is disposed of accordingly.
_________________________________________
Adjourned for compliance to 24.10.2019.
Judge
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-- 14 of 17 --
Noting : 15 C. R. No. 01
20/09/2019
SU-2595/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tafti for plaintiff present.
Adv. Miss Nasikwala for defendant no. 3 present.
Adv. Damle for defendant no. 1 present.
Heard argument of Ld. Advocate for plaintiff, defendant
nos. 1 and 3 on NM.
FRSR following order is passed on Notice of Motion No.
18/2019
1. Notice of Motion No. 18/19 is dismissed.
2. Cost in the cause.
3. Notice of Motion is disposed of accordingly.
___________________________________________
Adjourned for issues to 13.11.2019.
Judge
-- 15 of 17 --
Noting : 16 C. R. No. 01
20/09/2019
SU-1586/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anand Singh for plaintiff present.
Adv. Tiwari for defendant no. 1 present.
Reply filed by plaintiff on both unregistered Notice of
Motions.
Order below draft NM filed by defendant no. 1
The defendant no. 1 has tendered this NM seeking leave
of this court to condone the delay in filing the written
statement. Plaintiff has filed reply. Heard. The Ld.
Counsel for the defendant no. 1 submitted that in the
second week of September 2018 the defendant no. 1
received the writ of summons. The defendant no. 1 came
to the court on fixed date i.e. 28.9.2018. Due to Ganpati
festival the defendant no. 1 was in his personal difficulty
and also due to ill-health does not contact his advocate.
On 28.9.2018 adv. Dubey appeared and the matter was
adjourned to 13.02.2019. Thereafter health of the
daughter of defendant no. 1 was not good and also the
defendant no. 1 was not keeping good health. The
defendant no. 1 contacted his advocate somewhat in
November 2018, but his advocate had gone to native
place during Diwali vacation, therefore could not had
contact with the advocate. When the defendant no. 1
contacted the advocate in December 2018, at that time
also the court was vacant due to vacation. In January
201 advocate asked to arrange the documents. The
defendant No. 1 being retired person, could not arrange
the money for legal expenses, but meanwhile the order of
without written statement was passed. The defendant
no.1 submitted that due to inadvertence and unavoidable
circumstances defendant no. 1 could not file the written
statement.
The Ld. Advocate for the plaintiff opposed the notice of
motion on the count that the defendant no. 1 has not
made out any case for condoning the delay . The delay
was deliberate with intention to prolong the trial. Hence,
prayed for dismissing the notice of motion.
On considering the rival submission it appears that the
writ of summons was served upon defendant no. 1 in
September 2018 and even he appeared on 28.9.2018.
The defendant no. 1 submitted on oath that due to his ill-
health and ill-health of his daughter he could not contact
the advocate. Further, when developed contact with the
advocate, the advocate was not available in the town and
-- 16 of 17 --
Noting : 17 C. R. No. 01
thereafter there was Christmas vacation. He could not
arrange the documents and money for legal expenses as
advised by the advocate. Thus it appears that the delay is
sufficiently explained. The defendant no. 1 has pointed
sufficient cause for delay and therefore the notice of
motion needs consideration. Hence it is expedient to
pass following order.
ORDER
1. Notice of Motion is made absolute in terms of prayer
clause (a) to (c) subject to cost of the Rs. 5,000/- to be
paid by defendant no. 1 to the plaintiff within a period of
six weeks from today
2. Payment of cost is subject precedent.
3. On depositing the cost by the defendant no. 1, within
the stipulated time, the written statement be taken on
record.
4. Notice of Motion is disposed of accordingly and it be
registered for statistical purpose
___________________________________________
Adjourned for hearing on other unregistered NM to
21.11.2019.
Judge
completed
-- 17 of 17 --