Final Order 1

Order Details: Notice of Motion
Pdf Text: Noting : 08.01.2020 1 C. R. No. 01
08/01/2020
SU- 3508/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Kapadia for plaintiff present.
Adv. Ms. Raje Mahadik for deft. present.
Ld. counsel for plaintiff seeks time to adduce evidence.
Granted as a last chance.
The matter is adjd for evidence to 04.03.2020
Judge
08/01/2020
SU- 3803/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Deft. present.
Deft. has not filed say on Exh.9. Granted as a last chance
for filing say on Exh.9.
The matter is adjd for say on Exh.9 to 04.03.2020.
Judge
08/01/2020
SU- 1512/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adjourned for ex-parte evidence.
The matter is adjd for ex-parte evidence to 06.03.2020.
L.O.
Adv. Supriya Gurav for plaintiff present.
The matter is already adjd for ex-parte evidence to
06.03.2020.
Judge
08/01/2020
SU- 51/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Smita Yadav for plaintiff present.
Adv. Ghogari for deft. nos.1 to 3 present.
Ld. counsel for deft. nos.1 to 3 seeks time for hearing on
admissibility of documents. Time is granted.
The matter is adjd for admission and denial to
09.03.2020.
Judge
08/01/2020
SU- 2442/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Last chance is granted to plaintiff to file affidavit of
service.
The matter is adjd for affidavit of service to 12.03.2020.
Judge
-- 1 of 15 --
Noting : 08.01.2020 2 C. R. No. 01
08/01/2020
SU- 4575/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ghogari for plaintiff present.
None present for deft.
Ld. counsel for plaintiff submitted that he has taken
original documents and he needs time of more than three
weeks to tender those documents. Therefore, he seeks
adjournment. Granted.
The matter is adjd for admission and denial to
09.03.2020.
Judge
08/01/2020
SU- 2246/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gosar for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to serve the
defendants. Time is granted as a last chance.
The matter is adjd for affidavit of service to 12.03.2020.
Judge
08/01/2020
SU- 2817/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Matter is adjourned for dismissal of suit against deft.
no.2.
The matter is adjd for dismissal of suit against deft. no.2
to 13.03.2020.
L.O.
Adv. Arvind Taral for plaintiff present.
The matter is already adjd for dismissal of suit against
deft. no.2 to 13.03.2020.
Judge
08/01/2020
SU- 505/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
It appears that the plaintiff has not taken any steps to
serve defendant. Last chance is granted to plaintiff to
serve defendant.
The matter is adjd for affidavit of service to 13.03.2020.
Judge
-- 2 of 15 --
Noting : 08.01.2020 3 C. R. No. 01
08/01/2020
SU- 751/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ghogare for plaintiff present.
Adv. Nichani for deft. present.
As court is busy in hearing argument in Suit
no.6085/2005, the matter is adjd for arguments to
20.01.2020.
Judge
08/01/2020
SU- 6085/05
Exh.53
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rajguru along with D.N. Mishra for plaintiff present.
Adv. Ajai Fernandes along with Adv. Sneha Pandey for
deft. present.
Application for setting aside dismissal order.
O. - Read application. Considering the reason, the
dismissal order is recalled and plaintiff is permitted to
argue the matter.
Heard arguments of both the sides.
The matter is adjd for judgment to 23.01.2020.
Judge
08/01/2020
SU- 2442/18
L.O.
Adv. Mr. Parab for plaintiff present.
He seeks extension of writ of summons to serve deft.
nos.1, 2 and 9 as their address is changed and to serve
writ of summons at the new address. Time is extended to
serve writ of summons through bailiff at the new address
of deft. nos.1, 2 and 9.
The matter is already adjd for affidavit of service to
12.03.2020.
Judge
08/01/2020
COMM
SU- 138/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Ujwal Agrawal for deft. no.1 present.
The matter is adjd for hearing on Exh.7 by the plaintiff to
16.01.2020.
Judge
-- 3 of 15 --
Noting : 08.01.2020 4 C. R. No. 01
08/01/2020
SU- 4133/13
Exh.11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present. Adv. Mishra for plaintiff present.
None for deft.
PW-1 present. The matter is for cross examination of
PW-1. The matter is called since 11.00 am but none
present on behalf of deft. to cross examine the plaintiff.
Matter to proceed without cross examination of PW-1 by
deft.
Plaintiff filed evidence closing pursis.
O. - Seen and filed.
The matter is adjd for evidence of deft. to 02.03.2020.
Judge
08/01/2020
SU- 4290/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Hingorani for plaintiff present.
None present for deft.
Deft. failed to file reply on Exh.4 hence, Exh.4 to proceed
without reply of deft.
The matter is adjd for hearing on Exh.4 to 05.03.2020.
Judge
-- 4 of 15 --
Noting : 08.01.2020 5 C. R. No. 01
08/01/2020
SU- 9834/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Shah for plaintiff present.
None for deft.
He tendered precipe contending that he has to comply the
order of Hon'ble High Court dated 22.10.2019. The
department has not received writ. The plaintiff is
tendering photocopy of the certified copy of the order
dated 22.10.2019 in A.O. No.105/2015 whereby the
Hon'ble High Court restored the suit subject to payment
of Rs.1,25,000/- by the plaintiff. Plaintiff has deposited
the said amount on 23.12.2019. Hence, the suit be
restored to its original file as per the direction of the
Hon'ble High Court.
The Hon'ble High Court allowed the writ petition
no.6714/2014 vide order dated 22.10.2019 and thereby,
permitted the plaintiff to carry out the amendment as per
schedule in Ch/sum no.55/2014. The plaintiff was
permitted to carry out the amendment within three weeks
from the date of uploading of the order. Ld. Counsel for
the plaintiff has filed the copy of the order wherein it
reflects that the order was uploaded on 20.12.2019. It
appears that the plaintiff intends to amend the plaint
within the prescribed period fixed by the Hon'ble High
Court. Office to permit the plaintiff to carry out the
necessary amendment as per the direction of Hon'ble
High Court within the stipulated time.
Matter is time bound by the Hon'ble High Court. Office to
place the matter before this court as early as possible after
its restoration.
Judge
08/01/2020
SU- 4559/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pawar for plaintiff present.
Adv. Tawde for deft. nos.1(a) to 1(c) present.
None present for deft. no.4.
Say filed by plaintiff on N/M no.4300/19.
The matter is adjd for N/M hearing to 10.02.2020.
Judge
-- 5 of 15 --
Noting : 08.01.2020 6 C. R. No. 01
08/01/2020
SU- 3093/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff failed to file the registered N/M no.406/19. Put
N/M for dismissal order.
The matter is adjd for dismissal of N/M and of the suit
against deft. nos.2 and 3 to 26.02.2020.
Judge
08/01/2020
MA – 215/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of applicant.
Put MA for dismissal order.
The matter is adjd for dismissal to 27.02.2020.
Judge
08/01/2020
SU- 2031/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
None for deft.
Adv. Ms. Sanaya Laskari for applicant in Ch/sum
no.1914/15 present.
Suit is stayed by Hon'ble High Court.
The matter is adjd being stayed to 27.02.2020.
Judge
08/01/2020
SU- 1197/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jaydeep Thakkar for plaintiff present.
Adv. Dalal for deft. present.
Court is busy in hearing time bound N/M in suit
no.2912/15.
The matter is adjd for N/M hearing to 13.01.2020.
Judge
08/01/2020
SU- 2999/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
R and P is sent to Hon'ble High Court.
The matter is adjd for N/M hearing to 16.03.2020.
Judge
-- 6 of 15 --
Noting : 08.01.2020 7 C. R. No. 01
08/01/2020
SU- 910/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shamim for plaintiff present.
None for deft.
Court is busy in hearing time bound N/M in suit
no.2912/15.
The matter is adjd for N/M hearing to 18.03.2020.
Judge
08/01/2020
SU- 3206/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tripathi for plaintiff present.
Adv. Odhekar for deft. no.1 present.
Draft Ch/sum tendered by Adv. for plaintiff along with
affidavit. Leave is granted to register it.
Copy is supplied to deft. no.1.
The matter is adjd for N/M hearing and reply/hearing of
Ch/sum to 28.01.2020.
Judge
08/01/2020
SU- 1928/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dalal for plaintiff present.
Adv. Gala for deft. present.
Ld. counsel for deft. seeks adjournment. Granted.
The matter is adjd for N/M hearing to 04.02.2020.
Judge
08/01/2020
SU- 2245/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Prit Chawda for deft. present.
Adjourned as a last chance for hearing on N/M
no.3147/19 by plaintiff.
The matter is adjd for N/M hearing to 06.03.2020.
Judge
08/01/2020
SU- 3019/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Mr. Kandarkar for deft. no.2 present.
Adjourned for hearing on N/M as a last chance.
The matter is adjd for N/M hearing to 22.01.2020.
Judge
-- 7 of 15 --
Noting : 08.01.2020 8 C. R. No. 01
08/01/2020
SU- 4839/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dubey for plaintiff present.
Adv. Arvind Taral for deft. present.
Heard both sides on N/M no.29/18.
The matter is adjd for order on N/M no.29/18 to
21.01.2020.
Judge
08/01/2020
SU- 3197/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Barot for plaintiff present.
None for deft.
Registered Ch/sum no.1776/19 tendered by plaintiff.
T.O.R.
Ld. counsel for plaintiff seeks time to file affidavit of
service. Granted.
The matter is adjd for Ch/sum reply and for filing
affidavit of service to 09.03.2020.
Judge
08/01/2020
SU- 2503/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ansari for plaintiff present.
Adv. Sanad Desai for deft. nos.1 and 2 present.
Ld. counsel for the parties submitted that mediation is
under process. Hence, adjourned.
The matter is adjd for mediation report to 09.03.2020.
Judge
08/01/2020
SU- 2652/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nadar for plaintiff present.
Adv. Ruchi Singh for deft. no.2 present.
Adv. Samuel h/f. Adv. Kshitija W. for proposed deft nos.5
and 6 present and seeks time for filing reply to Ch/sum
no.852/19. Granted as a last chance.
The matter is adjd for reply to Ch/sum to 11.03.2020.
Judge
08/01/2020
SU- 6017/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
N/M no.4916/15 to proceed without reply of deft.
The matter is adjd for N/M hearing to 11.03.2020.
Judge
-- 8 of 15 --
Noting : 08.01.2020 9 C. R. No. 01
08/01/2020
SU- 1773/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Deft. no.2 has not been served as per the affidavit filed by
plaintiff. Plaintiff to take steps to serve deft. no.2.
None present on behalf of deft. no.1. N/M no.2164/19 to
proceed in absence of deft. no.1.
The matter is adjd for N/M hearing to 12.03.2020.
Judge
08/01/2020
ST –
13537/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff has not taken steps for registration of suit. Put
the matter for dismissal.
The matter is adjd for dismissal to 12.03.2020.
Judge
08/01/2020
SU- 7449/80
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Athawale for plaintiff present.
Adv. Rajput for respondents present and undertakes to file
vakalatnama on next date.
Adv. for plaintiff filed registered N/M no.57/20. T.O.R.
Adjourned for filing reply on N/M no.57/20.
The matter is adjd for reply to N/M to 16.01.2020.
Judge
-- 9 of 15 --
Noting : 08.01.2020 10 C. R. No. 01
08/01/2020
ST- 6908/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Samuel for plaintiff present.
Adv. Ashish Gatagat for deft. nos.3 to 6 present.
Adv. for plaintiff filed registered Ch/sum no.2327/19.
T.O.R.
Ld. counsel for the plaintiff submitted that most of the
objections have been removed. Already last chance was
granted to the plaintiff to remove the office objection.
Plaintiff to confirm it from the department whether any
objection is left to be removed. In case, plaintiff failed to
remove office objection, the court will proceed in the
matter on next date.
The matter is adjd for compliance to 25.02.2020.
Judge
08/01/2020
ST- 7391/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Samuel for plaintiff present.
Adv. Ashish Gatagat for deft. nos.3 to 6 present.
Adv. for plaintiff filed registered Ch/sum no.2321/19.
T.O.R.
Ld. counsel for the plaintiff submitted that most of the
objections have been removed. Already last chance was
granted to the plaintiff to remove the office objection.
Plaintiff to confirm it from the department whether any
objection is left to be removed. In case, plaintiff failed to
remove office objection, the court will proceed in the
matter on next date.
The matter is adjd for compliance to 25.02.2020.
Judge
-- 10 of 15 --
Noting : 08.01.2020 11 C. R. No. 01
08/01/2020
ST- 7545/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Samuel for plaintiff present.
Adv. Ashish Gatagat for deft. nos.3 to 6 present.
Adv. for plaintiff filed registered Ch/sum no.2323/19.
T.O.R.
Ld. counsel for the plaintiff submitted that most of the
objections have been removed. Already last chance was
granted to the plaintiff to remove the office objection.
Plaintiff to confirm it from the department whether any
objection is left to be removed. In case, plaintiff failed to
remove office objection, the court will proceed in the
matter on next date.
The matter is adjd for compliance to 25.02.2020.
Judge
08/01/2020
ST- 9332/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Samuel for plaintiff present.
Adv. Ashish Gatagat for deft. nos.3 to 6 present.
Adv. for plaintiff filed registered Ch/sum no.2324/19.
T.O.R.
Ld. counsel for the plaintiff submitted that most of the
objections have been removed. Already last chance was
granted to the plaintiff to remove the office objection.
Plaintiff to confirm it from the department whether any
objection is left to be removed. In case, plaintiff failed to
remove office objection, the court will proceed in the
matter on next date.
The matter is adjd for compliance to 25.02.2020.
Judge
-- 11 of 15 --
Noting : 08.01.2020 12 C. R. No. 01
08/01/2020
ST- 9333/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Samuel for plaintiff present.
None for deft.
Adv. for plaintiff filed registered Ch/sum no.2322/19.
T.O.R.
Ld. counsel for the plaintiff submitted that most of the
objections have been removed. Already last chance was
granted to the plaintiff to remove the office objection.
Plaintiff to confirm it from the department whether any
objection is left to be removed. In case, plaintiff failed to
remove office objection, the court will proceed in the
matter on next date.
The matter is adjd for compliance to 25.02.2020.
Judge
08/01/2020
ST- 9334/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Samuel for plaintiff present.
None for deft.
Ld. counsel for the plaintiff submitted that most of the
objections have been removed. Already last chance was
granted to the plaintiff to remove the office objection.
Plaintiff to confirm it from the department whether any
objection is left to be removed. In case, plaintiff failed to
remove office objection, the court will proceed in the
matter on next date.
The matter is adjd for compliance to 25.02.2020.
Judge
-- 12 of 15 --
Noting : 08.01.2020 13 C. R. No. 01
08/01/2020
SU- 2912/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Singh for plaintiff present.
Adv. Mr. Bhadang for deft. no.1 present.
Adv. Chandana Salgaokar for deft. no.2 present.
Partly heard arguments of Adv. Mr. Bhadang.
The matter is adjd for further arguments on N/M to
09.01.2020.
Judge
08/01/2020
SU- 2450/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rubeka Himayat i/b. Wadia Ghandy and Co. for
plaintiff present.
Adv. S.N. Parikh for deft. present.
Copy of power of attorney of plaintiff no.2 is filed. T.O.R.
Mediation report (Exh.2) is received. Along with it, the
consent term (Exh.3) is annexed.
I had verified the plaintiff no.1 for herself and as CA of
plaintiff no.2. I had also verified all the defendants
present. They adhere to the terms in the consent term. As
the matter is settled between the parties before the
mediator in terms of consent terms, it is expedient to pass
the following order.
ORDER
1. Suit is settled as per the consent terms through the
process of mediation.
2. Decree be drawn accordingly.
3. Consent terms be the part of the decree.
4. Court fees be refunded to the plaintiffs as per rules.
5. Suit is disposed off in above terms.
Judge
-- 13 of 15 --
Noting : 08.01.2020 14 C. R. No. 01
08/01/2020
SU- 102/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Ms. Akshita Jain for defts. present.
Plaintiff has not filed reply to N/M no.3724/19 and
3654/19. Both the N/M to proceed without reply of
plaintiff.
L.O.
After passing this order, the counsel for plaintiff Ms.
Firoza Shaikh appeared and argued the N/M.
COMMON ORDER ON N/M NO.3724/19 AND 3654/19
The N/M no.3724/19 is tendered by deft. for condoning
the delay and taking the W/S on record. N/M
no.3654/19 is tendered for taking the reply of defendants
to N/M no.283/19. Ld. Counsel for defts. submitted that
the defendants could not tender the W/S as the N/M was
served through private service through advocate of the
plaintiff. The said papers got mixed with other papers. In
the month of August 2019, the defendants found those
papers and approached the advocate. Meanwhile, court
proceeded without reply of the defendants.
The Ld. Counsel for plaintiff objected on the ground that
sufficient cause has not been made out.
The reason assigned by the defendants does not appear to
be justifiable. The stage in the matter is at the preliminary
stage. Substantial rights of the parties are involved. There
should not be hyper-technical and pedantic approach in
dealing with such type of motion. In the interest of
justice, both the N/M need consideration, hence it is
expedient to pass the following order.
ORDER
1. The N/M No.3654/19 and N/M No.3724/19 are
made absolute in terms of prayer clause (A) in both the
motions subject to cost of Rs.2,000/- to be paid to the
plaintiff within two weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost, reply and W/S be taken on
record.
4. The N/M No.3654/19 and N/M No.3724/19 are
disposed off accordingly.
The matter is adjd for N/M hearing to 26.02.2020.
Judge
-- 14 of 15 --
Noting : 08.01.2020 15 C. R. No. 01
Completed.
-- 15 of 15 --