Final Order 1

Order Details: Notice of Motion
Pdf Text: Noting : 27.01.2020 1 C. R. No. 01
27/01/2020
COMM
SU- 15/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None for deft.
Plaintiff filed service affidavit. T.O.R.
On perusal of service affidavit, it reveals that the postal
packet carrying writ of summons was returned with postal
endorsement “left”. But, the said packet is not attached
with service affidavit. Plaintiff to take steps for serving
defendant.
The matter is adjd for affidavit of service to 13.02.2020.
Judge
27/01/2020
COMM
SU- 35/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff has filed service affidavit on previous date.
It discloses that deft. no.1 and 2 are duly served but the
deft. no.1 and 2 failed to appear in the matter hence suit
to proceed ex-parte against them.
The matter is adjd for ex-parte evidence to 07.02.2020.
L.O.
Adv. Mahesh Chandanshiv for plaintiff present.
The matter is already adjd for ex-parte evidence to
07.02.2020.
Judge
27/01/2020
COMM
SU- 45/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Employee of plaintiff company present.
On previous date, plaintiff has filed service affidavit along
with on-line tracking report for the service of writ of
summons to deft. no.1 and 3. From the report and the
affidavit, it is apparent that the writ of summons has been
duly served to deft. no.1 and 3 but they failed to appear
hence suit to proceed ex-parte against deft. no.1 and 3.
The matter is adjd for ex-parte evidence to 14.02.2020.
Judge
27/01/2020
SU- 4748/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rahul Bhosle for plaintiff present.
None for deft.
Adv. for plaintiff seeks time. Granted.
The matter is adjd for evidence to 16.03.2020.
Judge
-- 1 of 13 --
Noting : 27.01.2020 2 C. R. No. 01
27/01/2020
SU- 7773/98
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Veera for plaintiff present.
Adv. Ganesh Lambade for deft. nos.2, 3, 7 to 11, 15, 16,
33 and 34 present. He declined for cross examining the
DW-1. Hence, cross examination of DW-1 by Adv. Ganesh
Lambade is declined.
Ld. Counsel for plaintiff seeks time for cross examining
DW-1. Granted.
The matter is adjd for cross examination to 20.02.2020.
Judge
27/01/2020
SU- 3894/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Redekar for plaintiff present.
Adv. Ms. Sonal Brid for deft. no.1 present.
Ld. counsel for plaintiff seeks time to file affidavit of
evidence and documents. Granted.
The matter is adjd for evidence to 16.03.2020.
Judge
27/01/2020
SU- 1414/15
Exh.31
Exh.32
Exh.33
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hegde for plaintiff present.
Adv. Mande for deft. no.1 present.
Affidavit of evidence of PW-3 is filed. T.O.R.
Witness is not present.
List. T.O.R.
Ld. counsel for deft. no.1 has no objection for marking the
document as exhibit hence, the document is marked as
Exh.33.
Medical certificate no.03819 dated 27.08.2012.
The matter is adjd for further examination in chief and
cross examination of PW-3 to 26.02.2020.
Judge
27/01/2020
COMM
SU- 137/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tripathi for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to adduce evidence.
Granted.
The matter is adjd for evidence to 13.02.2020.
Judge
-- 2 of 13 --
Noting : 27.01.2020 3 C. R. No. 01
27/01/2020
SU- 31/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of plaintiff.
Put case for dismissal.
The matter is adjd for dismissal to 17.02.2020.
Judge
27/01/2020
SU- 1215/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Prit Chawla for plaintiff present.
Adv. Rohit Joshi for deft. no.2 present.
Deft. no.1 present.
Plaintiff filed draft issues. T.O.R.
The matter is adjd for issues to 21.02.2020.
Judge
27/01/2020
SU- 9188/92
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Balram Mohanti for plaintiff present.
None for deft.
Suit is stayed by Hon'ble Supreme Court.
The matter is adjd being stayed to 21.04.2020.
Judge
27/01/2020
SU- 7530/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Deft. nos.1(a), 1(b), 1(f) present.
On last date, plaintiff was given last chance to engage
advocate. The plaintiff submit before the court that she
has engaged the advocate but advocate is unable to
attend the court today. The defendants submitted that
they are unable to cross examine PW-1 as their advocate
is not available. Considering the same, last chance is
granted to defendants.
The matter is adjd for cross examination of PW-1 by
defendants to 14.02.2020.
Judge
27/01/2020
SU- 1935/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Khan for deft. present.
Adv. for deft. filed say on Exh.7.
Adjourned as last chance for hearing on Exh.7.
The matter is adjd for hearing on Exh.7 to 14.02.2020.
Judge
-- 3 of 13 --
Noting : 27.01.2020 4 C. R. No. 01
27/01/2020
SU- 5149/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ankush Mhatugade for plaintiff present.
None for deft.
Adv. for plaintiff filed service affidavit. T.O.R.
On perusal of service affidavit, it reveals that deft. nos.5
and 6 have been duly served. Deft. nos.2, 3, 4 are not
served. Plaintiff to take steps to serve notice of
restoration to deft. no.2, 3 and 4. Put matter for the
steps and for further order against deft. no.1, 5, 6 and 7.
The matter is adjd for steps and order to 27.03.2020.
Judge
27/01/2020
SU- 3676/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sachin Chaudhary for plaintiff present.
Deft. no.1 present.
Adv. Chitnis for deft. nos.1 and 2 present.
Ld. counsel for deft. no.1 and 2 seeks time to file
additional W/S. Granted.
The matter is adjd for additional W/S to 12.02.2020.
Judge
27/01/2020
SU- 1288/16
Exh.13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. G.S. Bhat for plaintiff present.
None for deft.
Adv. for plaintiff filed evidence closing pursis.
O. - Seen and filed.
The matter is adjd for arguments to 04.02.2020.
Judge
-- 4 of 13 --
Noting : 27.01.2020 5 C. R. No. 01
27/01/2020
SU- 9650/90
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agrawal for plaintiff present.
Adv. Chitnis for deft. no.6 present.
Partly heard arguments of Adv. Mr. Agrawal.
The matter is adjd for further arguments to 14.02.2020.
Judge
27/01/2020
Exe. Apln.
319/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
DH 1(2) present. He seeks time for cross examination of
the applicant. Hence, the matter is adjourned.
The matter is adjd for cross examination of applicant in
Ch/sum to 17.03.2020.
L.O.
Adv. Anjali Purav for applicant present.
DH 1(2) present.
In this execution, the order was passed in Ch/sum
no.1139/19. It was inadvertently mentioned as N/M. It
is a typographical error and in the present of the parties,
the same is corrected. Steno to take note of it and correct
the uploaded copy.
The matter is already adjd for cross examination of
applicant in Ch/sum to 17.03.2020.
Judge
27/01/2020
SU- 7219/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Shashank Thatte for applicant/deft. no.3 present.
Adv. Mr. Thatte tenders citations along with affidavit of
service to the plaintiff. T.O.R.
The matter is already adjd to 29.01.2020.
Judge
27/01/2020
SU- 1097/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Arun Udeshi for plaintiff present.
Adv. Gaurav Mehta for deft. present.
Adv. for plaintiff filed registered N/M no.2641/19. T.O.R.
Ld. counsel for plaintiff seeks time to file rejoinder.
Granted.
The matter is adjd for rejoinder to N/M to 02.03.2020.
Judge
-- 5 of 13 --
Noting : 27.01.2020 6 C. R. No. 01
27/01/2020
SU- 3476/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kachave for plaintiff present.
Adv. Neeta Bhagat for deft. no.2 present.
Adv. Moinuddin for deft. no.3 present.
Deft. no.4 present.
Ld. counsel for deft. no.2 submitted that deft. no.2 has
not sought the leave to register the N/M as it was not
affirmed on that day. Hence, there is no N/M of deft.
no.2.
Respondent/proposed deft. no.4 is present and he seeks
time to file reply on Ch/sum no.520/19. Granted.
The matter is adjd for reply on Ch/sum to 09.03.2020.
Judge
27/01/2020
SU- 3037/18
Exh.8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sanghvi for plaintiff present.
Adv. Khaire for deft. present.
Adv. Kherada for respondent present.
Vakalatnama filed on behalf of plaintiff.
O. - Seen and filed.
Ld. counsel for plaintiff seeks time for hearing on N/M
no.4833/18. Already last chance was granted to the
plaintiff to argue his N/M. N/M no.4833/18 is kept for
dismissal order.
The matter is adjd for dismissal of N/M no.4833/18 and
for reply to the N/M no.1071/19 to 09.03.2020.
Judge
27/01/2020
SU- 912/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sagar B. for plaintiff present.
Adv. Vandana Mangwana for deft. no.1 present.
Ld. counsel for plaintiff seeks time to file reply on Exh.9.
Granted.
Heard arguments on N/M no.3650/18.
The matter is adjd for reply on Exh.9 and order on N/M
no.3650/18 to 10.02.2020.
Judge
-- 6 of 13 --
Noting : 27.01.2020 7 C. R. No. 01
27/01/2020
SU- 2471/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yadav for plaintiff present.
Adv. Giriraj for deft. no.3 present.
Ld. counsel for plaintiff seeks time for filing reply to N/M
no.3773/19. Granted as a last chance.
The matter is adjd for reply to N/M to 04.03.2020.
Judge
27/01/2020
SU- 1520/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. O. P. Singh for plaintiff present.
Adv. Ajit Hodge for deft. present.
Ld. counsel for plaintiff tendered N/M no.396/20. T.O.R.
Adv. for deft. seeks time to file reply on N/M. Granted.
The matter is adjd for reply on N/M to 04.03.2020.
Judge
27/01/2020
ST- 16671/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Arti Kulkarni for deft. present.
Matter is sent to Board Department.
The matter is adjd for N/M hearing to 05.03.2020.
Judge
27/01/2020
SU- 826/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff has not taken steps to serve the defendant. Put
N/M for dismissal order.
The matter is adjd for dismissal of N/M to 07.03.2020.
Judge
27/01/2020
Counter claim
15/12 in SU
3142/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jyotsna Kondalkar for plaintiff in counter claim
present.
Adv. Sarode for deft. no.1 in counter claim present. He
seeks time to file rejoinder to the reply to Exh.7. Granted.
The matter is adjd for rejoinder to Exh.7 to 12.03.2020.
Judge
-- 7 of 13 --
Noting : 27.01.2020 8 C. R. No. 01
27/01/2020
Exe. Apln.
110/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gole for DH present.
JD no.2 present.
DH tendered registered N/M no.407/20. T.O.R.
JD no.2 seeks time to file reply. Granted.
The matter is adjd for reply to N/M to 04.02.2020.
Judge
27/01/2020
SU- 850/60
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Ms. Uma Dalvi, Clerk to Court receiver present.
The matter is adjd for order on court receiver report to
07.03.2020.
Judge
27/01/2020
SU- 7577/81
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Farhan Dubhash for plaintiff present.
Adv. Mr. Narayanan for all the defendants, except
defendant no.3(a), present.
Court is busy in hearing final arguments in suit
no.9650/90 and other matters, the matter is adjd for
arguments to 06.02.2020 at 12.00 noon.
Judge
27/01/2020
COMM
SU- 97/19
Exh.6
Exh.7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vishwanath for plaintiff present.
None for deft.
Affidavit of evidence of PW-1 Mohnish Kumar. T.O.R.
Compilation of documents. T.O.R.
Verification of PW-1 is completed.
The matter is adjd for hearing on Exh.7 to 03.02.2020.
Judge
27/01/2020
SU- 2912/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chaudhari for plaintiff present.
Adv. Murtuza along with Adv. Paulomi Mehta and Heena
Panchal i/b.Federal and Company for deft. no.1 present.
None for deft. no.2 present.
The matter is adjd for N/M hearing to 28.01.2020.
Judge
-- 8 of 13 --
Noting : 27.01.2020 9 C. R. No. 01
27/01/2020
SC – 93/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Soshte for State present.
Adv. Mr. Nayak for accused present.
Accused on bail present.
Court is busy in hearing final arguments in suit
no.9650/90 and other matters.
The matter is adjd for judgment to 06.02.2020.
Judge
27/01/2020
SU- 73/20
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rakesh Singh for plaintiff present.
None for deft.
Adv. for plaintiff tendered registered N/M no.214/20.
T.O.R.
Plaintiff also tendered original writ of summons. T.O.R.
Application for substituted service.
O. - The report on writ of summons reveals that the
defendant left the suit premises two years before. Plaintiff
wish to serve the deft. by substituted service. The plaintiff
is not aware about the whereabouts of the deft. and
therefore, he wish to serve the deft. by way of substituted
service.
After considering the report of bailiff on writ of summons,
the application needs consideration for the reason that
the summons cannot be served to the deft. at his last
known address as he has left the premises. Hence, the
order.
ORDER
1. Application (Exh.5) is allowed.
2. The plaintiff to serve writ of summons by paper
publication to the defendant in the daily English and local
language newspaper which are widely circulated in the
locality where the deft. resides and addition, the service
of writ of summons be made by affixing the copy of writ
of summons at the conspicuous place of the last known
address of the deft.
3. Original writ of summons be returned to the counsel
for plaintiff.
4. Application (Exh.5) is disposed off accordingly.
The matter is adjd for affidavit of service to 20.03.2020 at
02.45 pm.
Judge
-- 9 of 13 --
Noting : 27.01.2020 10 C. R. No. 01
27/01/2020
SU- 383/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. R.K. Yadav for plaintiff present.
Deft. present. Adv. Shirish Shigwan along with Punam
Tiwari for deft. present.
Reply filed by deft. to N/M no.3714/19.
ORDER IN N/M NO.3714/19
Heard. The N/M is for setting aside the order dated
16.08.2019 passed by this court. Plaintiff submitted that
he was unwell and the settlement talks with deft. were
going on. However, same could not be materialized.
Plaintiff intend to proceed with the matter and seeks
permission to adduce evidence by calling back order
dated 16.08.2019. Deft. opposed the N/M on the count
that plaintiff is delaying the matter and deliberately did
not remain present.
After considering the reasons given by the plaintiff and in
the interest of justice to give fair opportunity to plaintiff
to present their case, the N/M needs consideration.
Hence, it is expedient to pass following order.
ORDER
1. N/M No.3714/19 is made absolute in terms of prayer
clause (a) and (b) subject to cost of Rs.2,000/- to be paid
to the defendant on or before next date.
2. PW-1 to remain present on the next date for cross
examination.
3. N/M No.3714/19 is disposed off accordingly.
The matter is adjd for evidence to 02.03.2020 at 11.00
am.
Judge
-- 10 of 13 --
Noting : 27.01.2020 11 C. R. No. 01
27/01/2020
SU- 1869/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Singh for plaintiff present.
None for deft.
Adv. for plaintiff submits that order was passed by the
court on 27.11.2019 to carry out the amendment on the
basis that the Ch/sum no.1290/18 was allowed. This
Ch/sum is neither allowed nor rejected and he is ready to
argue the Ch/sum.
ORDER BELOW CH/SUM NO.1290/18
Read Ch/sum. Heard counsel for plaintiff. Defendants
did not file reply. By this Ch/sum, the plaintiff wish to
amend the plaint and to incorporate the subsequent
events. The nature of the amendment appears to be an
attempt to bring the subsequent events occurred pending
the suit on record. The proposed amendment is not
prejudicial to the interest of the defendants and does not
change the nature of the pleadings. Hence, Ch/sum
needs consideration and it is expedient to pass the
following order.
ORDER
1. Ch/sum No.1290/18 is made absolute in terms of
prayer clause (a).
2. Plaintiff to carry out the necessary amendment
within a period of two weeks from today.
3. After carrying out the amendment, plaintiff to
satisfy the court about valuation of relief claimed by way
of amendment.
4. Ch/sum No.1290/18 is disposed off accordingly.
The matter is adjd for compliance to 04.03.2020.
Judge
27/01/2020
SU- 4839/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
For want of time and as court is busy in mediation work,
the matter is adjd for order to 28.01.2020.
Judge
27/01/2020
SU- 2848/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Avanti Mankar with Sitara Yadav for plaintiff
present.
None for deft.
For want of time and as court is busy in mediation work,
the matter is adjd for order to 31.01.2020.
Judge
-- 11 of 13 --
Noting : 27.01.2020 12 C. R. No. 01
27/01/2020
SU- 180/16
Exh.6 colly.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agrawal for plaintiff present.
Adv. Ms. Sara Wadiya Gandhi for deft. present.
Deft. filed copy of relevant pages of the notary register.
The counsel for deft. has also brought three original
registers. I had verified the entries in original register
with the entries in the photocopies produced and the
entries are found to be similar as that of the original. The
original registers are returned to the counsel for deft.
ORDER BELOW EXH.1 AND EXH.5
The plaintiff has filed the suit for rectification of 9 power
of attorney notarized by defendant. The defendant has
filed W/S and admitted that out of the 9 power of
attorney, defendant admits the execution of 6 power of
attorney. The Ld. Counsel for plaintiff has tendered
application (Exh.5) for passing decree on admission to
which, the counsel for deft. has given no objection.
The suit is for the direction to rectify the respective power
of attorneys by mentioning the appropriate notary register
serial number on the respective document of power of
attorney.
The admission of the deft. is that the power of attorneys
(1) dated 05.09.2000 at Sr. no.216/2000, (2) dated
23.06.2004 at Sr. no.219/2004. (3) dated 27.01.2005 at
Sr. no.18/2005. (4) dated 10.03.2005 at Sr. no.76/2005.
(5) dated 22.12.2005 at Sr. no.371/2005 and (6) dated
07.12.2007 at Sr. no.324/2007 were executed and
notarized. The entry of notarized power of attorneys are
mentioned in the notary register with the above
mentioned serial numbers. The relevant copies of notary
registers are also filed. The above said documents do not
bear the notarial register number and therefore, the
plaintiff is facing difficulty in proving those documents in
the other matter. Considering the admission of defendant,
it is just and expedient to pass the following order.
ORDER
1. Suit is partly decreed to the extent of admission of
defendant as per order 12 rule 6 of the C.P.C.
2. Defendant is directed to rectify the power of
attorneys (1) dated 05.09.2000 at Sr. no.216/2000, (2)
dated 23.06.2004 at Sr. no.219/2004. (3) dated
27.01.2005 at Sr. no.18/2005. (4) dated 10.03.2005 at Sr.
no.76/2005. (5) dated 22.12.2005 at Sr. no.371/2005
and (6) dated 07.12.2007 at Sr. no.324/2007 by putting
-- 12 of 13 --
Noting : 27.01.2020 13 C. R. No. 01
Contd...
SU- 180/16
the respective notarial register number on the documents.
3. The suit to continue for the other disputed part of
the claim.
4. Application (Exh.5) is disposed off accordingly.
The matter is adjd for issues to 09.03.2020.
Judge
Completed.
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