Final Order 1

Order Details: Chamber summons
Pdf Text: Noting : 05.03.2020 1 C. R. No. 01
05/03/2020
SU- 121/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nilam Yadav for plaintiff present.
Adv. Raje for deft. present.
Plaintiff has handed over the draft of Rs.5,15,000/-
bearing no.086320 drawn on State Bank of India, Tirupati
Nagar Branch. The Ld. Counsel for deft. submitted that
deft. has sent letter to landlord withdrawing the earlier
letter dated 20.04.2012 and 14.11.2011 but
acknowledgment is not received, although, the on-line
tracking report shows that the consignment has been
delivered. He would submit that deft. would obtain
acknowledgment from the landlord on the letter, if the
landlord is ready to give the same.
Adv. for deft. tendered registered letter along with postal
receipt. T.O.R.
The matter is adjd for settlement to 13.03.2020.
Judge
05/03/2020
SU- 8647/00
Exh.43
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kudalkar for plaintiff present.
Deft. present.
Deft. filed application for adjournment.
O. - Granted as last chance.
The matter is adjd for arguments to 19.03.2020.
Judge
05/03/2020
SU- 9173/92
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pandya for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time for further arguments
as the counsel is not available. Granted as last chance.
The matter is adjd for arguments to 12.03.2020.
Judge
05/03/2020
SU- 5945/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kinjal for plaintiff present.
Adv. Wagle for deft. no.5 present.
Ld. counsel for deft. no.5 seeks time for filing say on
Exh.9. Granted as last chance.
The matter is adjd for say on Exh.9 to 27.03.2020.
Judge
-- 1 of 16 --
Noting : 05.03.2020 2 C. R. No. 01
05/03/2020
SU- 4290/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hingorani for plaintiff present.
Adv. Savitri h/f. Adv. Chhatre for deft. no.1 present.
Ld. counsel for deft. no.1 seeks time for hearing.
Granted.
The matter is adjd for hearing to 20.04.2020.
Judge
05/03/2020
COMM SU- 97/19
Exh.22
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vishwanath for plaintiff present.
Adv. for plaintiff filed notes of arguments.
O. - Read and recorded.
Heard arguments of Adv. for plaintiff.
The matter is adjd for judgment to 16.03.2020.
Judge
05/03/2020
SU- 2882/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Survi Gujar for deft. no.1 present.
Since long, the matter is for evidence. Plaintiff failed to
adduce evidence. Put case for dismissal order.
The matter is adjd for dismissal to 17.04.2020.
Judge
05/03/2020
SU- 4022/08
Exh.20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sandhya Dhivar for plaintiff present.
Adv. R.A. Sharma for deft. present.
Adv. for deft. filed application for adjournment along with
medical certificate.
O. - Read application. Considering the reason,
adjournment is granted as last chance.
The matter is adjd for evidence to 09.04.2020.
Judge
-- 2 of 16 --
Noting : 05.03.2020 3 C. R. No. 01
05/03/2020
SU- 5137/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jadhav for plaintiff present.
Adv. Supriya Mujhumdar for deft. present.
Ld. counsel for plaintiff submitted that plaintiff is unwell
hence seeks adjournment. Granted.
The matter is adjd for evidence to 21.04.2020.
Judge
05/03/2020
SU- 3104/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
In the interest of justice, matter is adjourned for evidence
of plaintiff.
The matter is adjd for evidence to 15.06.2020.
Judge
05/03/2020
SU- 755/91
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Disha Mehta for plaintiff present.
Adv. Patankar for deft. present.
Ld. counsel for deft. seeks time for hearing on
admissibility of documents. Granted.
The matter is adjd for hearing to 17.03.2020.
Judge
05/03/2020
SU- 2896/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rawal for plaintiff present.
Ld. counsel for plaintiff seeks time for evidence. Granted
as last chance.
The matter is adjd for evidence to 22.04.2020.
Judge
05/03/2020
COMM SU- 176/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Harshada Joshi for plaintiff present.
Ld. counsel for plaintiff seeks time for hearing. Granted.
The matter is adjd for hearing to 13.03.2020.
Judge
-- 3 of 16 --
Noting : 05.03.2020 4 C. R. No. 01
05/03/2020
SU- 8811/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Siddhant Dhavale i/b. MKA Chambers for deft.
present.
Adv. for deft. tendered hard copy of order of Hon'ble High
Court dated 13.02.2020. T.O.R.
Ld. counsel for deft. submitted that the matter is before
the Hon'ble High Court on 20.03.2020 and Hon'ble High
Court has directed to defer the hearing after 20.03.2020.
The matter is adjd for admission and denial to
02.04.2020.
Judge
05/03/2020
SU- 404/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kiran Kamble for plaintiff present. Plaintiff present.
None present for deft.
The matter is adjd for hearing on Exh.7 to 19.06.2020.
Judge
05/03/2020
SU- 1091/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Pawar for deft. present.
Adv. for deft. tendered draft issues. T.O.R.
The matter is adjd for framing issues to 18.04.2020.
Judge
05/03/2020
SU- 558/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rajnish Upadhyay for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file affidavit of
service. Last chance is granted.
The matter is adjd for affidavit of service to 27.04.2020.
Judge
05/03/2020
Exe. Apln.
53/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for DH present.
Adv. Archit M. for JD present.
Adv. for JD seeks time to file response on draft sale deed.
Granted.
The matter is adjd for reply to 27.03.2020.
Judge
-- 4 of 16 --
Noting : 05.03.2020 5 C. R. No. 01
05/03/2020
SU- 3252/12
Exh.5
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pandey for plaintiff present.
Adv. Gharat for deft. present.
Adv. for plaintiff filed application for removal of dismissal
caption and permission to file compilation on next date.
O. - Read application. In the interest of justice, the order
of dismissal is called back and permission is granted to
file compilation on next date.
Affidavit of evidence of PW-1 Smt. Reshma
Shashibhushan Yeshirao.
Verification of PW-1 is completed.
The matter is adjd for evidence to 27.04.2020.
Judge
05/03/2020
SU- 948/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anita Waghchaure for plaintiff present.
Adv. Jyoti Pandey for deft. present.
Court is busy in other matters, hence, the matter is adjd
for arguments to 14.03.2020.
Judge
05/03/2020
SU- 1487/13
Exh.7
Exh.8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dharmendra Joshi for plaintiff present.
Adv. Arjun Sawant for deft. nos.1 to 3 present.
Adv. Narayanan for deft. no.4 present.
Vakalatnama filed on behalf of plaintiff by Adv.
Dharmendra Joshi.
O. - Seen and filed.
Adv. for plaintiff tendered list of document along with
document.
List of document.
O. - Seen and filed.
The matter is adjd for hearing to 08.04.2020.
Judge
-- 5 of 16 --
Noting : 05.03.2020 6 C. R. No. 01
05/03/2020
SU- 4660/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chhotani for plaintiff present.
Adv. Abhishek Khare for deft. no.5 present.
Adv. Satardekar for deft. no.6 present.
Further cross examination of PW-1 is resumed by Adv.
Khare for deft. no.5 and deferred till next date on the
request of Adv. for deft. no.4.
The matter is adjd for evidence to 08.04.2020.
Judge
05/03/2020
SU- 4574/11
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ansari for plaintiff present.
Adv. Ketan D. for deft. present.
Adv. for plaintiff filed application for withdrawal of
vakalatnama.
Ld. counsel for plaintiff submitted that counsel for
plaintiff has issued letter to plaintiff by R.P.A.D. for
providing instruction for adducing the evidence but
the postal envelope returned with remark that the
plaintiff left the said premises. He would submit that in
absence of instruction, the counsel for plaintiff is unable
to continue with the case, hence seeks permission to
withdraw his appearance.
The counsel for plaintiff has issued letter to the plaintiff
but it was not served as the plaintiff left the address
which is in the plaint. The counsel for plaintiff has taken
efforts to seek instructions from plaintiff but could not for
the aforesaid reason and therefore, he has made out the
case for withdrawal of his vakalatnama. Hence,
application is allowed. The counsel is discharged as an
advocate of plaintiff.
Matter is for the evidence. As the plaintiff failed to
adduce the evidence, put it for dismissal order.
The matter is adjd for dismissal to 24.04.2020.
Judge
-- 6 of 16 --
Noting : 05.03.2020 7 C. R. No. 01
05/03/2020
COMM
SU- 45/20
Exh.3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter pertains to court no.2.
Adv. Charushila More for plaintiff present.
Adv. Parinaz Bharucha along with Amey Nargolkar for
deft. present.
Adv. for plaintiff tendered affidavit of service. T.O.R.
Deft. tendered application under order 7 rule 11 C.P.C.
O. - Other side to say.
Copy is supplied to adv. for plaintiff.
Ld. counsel for deft. seeks time to file written statement.
Ld. Counsel for plaintiff would submit that today is the
last date for filing written statement as writ of summons
was served upon deft. on 04.02.2020 and at Delhi address
on 06.02.2020. She would submit that request for filing
of written statement be rejected.
Ld. Counsel for deft. submitted that deft. is residing at
Delhi and the instructions are required to be taken from
deft., and therefore, seeks four weeks time to file written
statement.
Considering the reasons assigned by the deft., in the
interest of justice, time is granted to file written statement
subject to cost of Rs.1,000/- to be paid to the plaintiff.
The matter is adjd for filing written statement and reply
to Exh.3 to 07.04.2020.
Judge
-- 7 of 16 --
Noting : 05.03.2020 8 C. R. No. 01
05/03/2020
SU- 3549/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Attar for plaintiff present.
Adv. Pallavi Gaikwad for deft. present.
Ld. counsel for plaintiff seeks time for argument on N/M.
Already last chance was granted. Put N/M no.4068/18
for dismissal.
The matter is adjd for dismissal of N/M No.4068/18 to
22.04.2020.
Judge
05/03/2020
SU- 5789/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhagyashree Ranade for plaintiff present.
Adv. Akshay Kapadia for deft. present.
Registered N/M no.498/20 tendered by Adv. for deft.
T.O.R.
Reply filed by Adv. for plaintiff to N/M no.498/20. T.O.R.
Copy is supplied to counsel for deft.
The matter is adjd for hearing on N/M to 23.04.2020.
Judge
05/03/2020
SU- 2827/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Punam Kadam for plaintiff present.
Deft. no.2 present.
Deft. no.2 seeks time to file W/S. The deft. no.2 was
supplied with the copy of plaint and exhibits on
10.01.2020. The deft. no.2 submitted that his advocate
has been operated and therefore, unable to file W/S.
Considering the reason and period of 90 days is not yet
expired, time is granted for filing W/S.
The matter is adjd for W/S and N/M reply to 16.04.2020
at 02.45 pm.
Judge
05/03/2020
ST- 16671/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of plaintiff.
Put N/M for dismissal order. Plaintiff has not taken effort
for registration of suit. Put suit also for dismissal order.
The matter is adjd for dismissal of suit and N/M to
05.05.2020.
Judge
-- 8 of 16 --
Noting : 05.03.2020 9 C. R. No. 01
05/03/2020
ST- 5659/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of plaintiff.
Plaintiff has not taken efforts to register the draft N/M
and draft N/M was placed for dismissal order on last date.
The plaintiff has not taken efforts to register the draft N/
M and is not available for hearing. Hence, draft N/M is
dismissed for want of compliance and prosecution. Draft
N/M be registered for statistical purposes.
Plaintiff has not taken steps for registration of suit. Put
the suit for dismissal order.
The matter is adjd for dismissal of suit to 05.05.2020.
Judge
-- 9 of 16 --
Noting : 05.03.2020 10 C. R. No. 01
05/03/2020
ST- 598/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dharamraj for plaintiff present.
Adv. Saroj Ghatge for deft. present.
Deft. filed reply to N/M No.635/20. T.O.R.
Ld. counsel for deft. tendered draft N/M. Leave is
granted to register. Copy of reply and draft N/M is
supplied to counsel for plaintiff.
The matter is adjd for reply to N/M to 13.03.2020.
L.O.
Adv. Dharamraj for plaintiff present.
Adv. for plaintiff seeks time to remove office objection.
Granted till next date.
The matter is already adjd to 13.03.2020 for reply to N/M
and steps.
Judge
05/03/2020
ST- 599/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dharamraj for plaintiff present.
Adv. Saroj Ghatge for deft. present.
Deft. filed reply to N/M No.653/20. T.O.R.
Ld. counsel for deft. tendered draft N/M. Leave is
granted to register. Copy of reply and draft N/M is
supplied to counsel for plaintiff.
The matter is adjd for reply to N/M to 13.03.2020.
L.O.
Adv. Dharamraj for plaintiff present.
Adv. for plaintiff seeks time to remove office objection.
Granted till next date.
The matter is already adjd to 13.03.2020 for reply to N/M
and steps.
Judge
-- 10 of 16 --
Noting : 05.03.2020 11 C. R. No. 01
05/03/2020
SC - 760/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
PP Chheda for State present.
Accused nos.1 to 4 produced from J/C.
Adv. Wahab Khan for accused nos.2 and 3 present.
PC 110763 attached to Mahim P. Stn present.
Partly dictated.
The matter is adjd for judgment to 12.03.2020.
Judge
05/03/2020
SC – 378/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
PP Chheda for State present.
Accused on bail present.
PC 110763 attached to Mahim P. Stn present.
Partly dictated.
The matter is adjd for judgment to 12.03.2020.
Judge
05/03/2020
SU- 242/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Murudkar for plaintiff present.
Ld. counsel for plaintiff seeks time on the count that he
wish to make further submission. Matter is for judgment.
In the interest of justice, time is granted for submission.
The matter is adjd for further submission/judgment to
13.03.2020.
Judge
-- 11 of 16 --
Noting : 05.03.2020 12 C. R. No. 01
05/03/2020
SU- 3098/19
Exh.3
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter pertains to court no.2.
Plaintiff present.
Adv. Nandu Pawar for deft. present.
L.O.
Plaintiff present.
Adv. Nandu Pawar for deft. present.
Deft. tendered W/S and counter claim. T.O.R.
Written statement.
O. - Read and recorded.
Counter claim.
O. - Read and recorded.
Plaintiff to tender registered N/M.
Ld. counsel for deft. submitted that copy of N/M is not
received by the deft. Plaintiff to supply the copy of N/M
to the deft.
The matter is adjd for compliance and issues to
13.03.2020 at 02.45 pm.
Judge
05/03/2020
SU- 8801/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Menezes for plaintiff present.
Adv. Siddhiqui along with Prashant Dingrani for deft. no.7
present.
Partly heard on Ch/sum no.1433/19.
Ld. counsel for deft. no.7 submitted that as per the
direction of Hon'ble High Court, the deft. no.7 has kept
vacant 1/7th share of the plaintiff in the suit land. The
Ld. Counsel for deft. no.7 submitted that deft. no.7 is
ready for amicable settlement. Parties to explore the
settlement and inform the court.
The matter is adjd for settlement/Ch/sum hearing to
13.03.2020 at 02.45 pm.
Judge
-- 12 of 16 --
Noting : 05.03.2020 13 C. R. No. 01
05/03/2020
SU- 4952/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yadav for plaintiff present.
None for deft.
Heard arguments on Ch/sum no.1831/19.
F.R.S.R. following order is passed -
ORDER
1. Ch/sum No.1831/19 is made absolute in terms of
prayer clause (a).
2. Plaintiff to carry out necessary amendment within a
period of 14 days from today and to tender amended copy
of plaint on record and also supply it to defendants.
3. Cost in the cause.
4. Ch/sum No.1831/19 is disposed off accordingly.
The matter is adjd for compliance to 27.04.2020 at
02.45 pm.
Judge
05/03/2020
SU- 2277/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Malvankar for plaintiff present.
None for deft.
F.R.S.R. following order is passed -
ORDER
1. Ch/sum No.73/19 is made absolute in terms of
prayer clause (a) to (c) subject to cost of Rs.1,000/- to be
paid to the defendant.
2. Payment of cost is subject precedent.
3. Plaintiff is at liberty to deposit the cost in the court.
4. Plaintiff to carry out necessary amendment within a
period of 14 days from today.
5. Ch/sum No.73/19 is disposed off accordingly.
The matter is adjd for compliance to 23.04.2020 at 02.45
pm..
Judge
-- 13 of 16 --
Noting : 05.03.2020 14 C. R. No. 01
05/03/2020
SU- 263/15
@ counter
claim 10/15
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kiran B. for plaintiff present.
Adv. Seegarla for deft. present.
ORDER IN N/M NO.3377/2015
Heard. This N/M is filed by original plaintiff and deft. to
the counter claim. Ld. Counsel for original plaintiff
submitted that there is delay in filing W/S. The delay is
in not intentional. The original plaintiff received service
of counter claim on 09.06.2015. The original plaintiff
had to leave on 05.07.2015 for business commitments at
Pune and returned to Mumbai on 02.09.2015. Thus,
there is delay of 55 days in filing W/S to counter claim.
The original deft. has not filed any reply to the present N/
M but the counsel has opposed on the count that the
delay is not explained properly.
It appears that the original plaintiff has given sufficient
cause for delay. There is nothing to counter his statement
on oath. The delay does not appear to be deliberate or
intentional. In such type of motions, there should not be
hyper-technical and pedantic approach. No prejudice
would be caused to original defts. if W/S is taken on
record. Hence, in the interest of justice, it is expedient to
pass the following order.
ORDER
1. N/M No.3377/2015 is made absolute in terms of
prayer clause (a) and (b).
2. W/S filed by original plaintiff to counter claim is
taken on record.
3. N/M No.3377/2015 is disposed off accordingly.
W/S of original plaintiff.
O. - Read and recorded.
The matter is adjd for steps to 29.04.2020.
Judge
-- 14 of 16 --
Noting : 05.03.2020 15 C. R. No. 01
05/03/2020
SU- 7854/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aiman for plaintiff present.
Adv. Manish Trivedi for deft. nos.4(a) to 4(c) present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.2079/2012 stands rejected.
2. Cost in the cause.
3. N/M No.2079/2012 is disposed off accordingly.
The matter is adjd for hearing of N/M no.3316/08 to
02.04.2020.
Judge
-- 15 of 16 --
Noting : 05.03.2020 16 C. R. No. 01
05/03/2020
COMM
SU- 12/19
Exh.7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Muhammed Iftikhar Ali for plaintiff present.
None for deft.
Adv. for plaintiff filed draft issues. T.O.R.
On verification of W/S, the deft. has put up the defence as
per order 8 rule 3(a) of C.P.C. for the trial.
Issues framed.
The matter is adjd for time management hearing to
17.03.2020.
Judge
05/03/2020
COMM
SU- 14/19
Exh.7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Muhammed Iftikhar Ali for plaintiff present.
None for deft.
Adv. for plaintiff filed draft issues. T.O.R.
On verification of W/S, the deft. has put up the defence as
per order 8 rule 3(a) of C.P.C. for the trial.
Issues framed.
The matter is adjd for time management hearing to
17.03.2020.
Judge
Completed.
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