Final Order 1

Order Details: Other
Pdf Text: Noting : 1 C. R. No. 01
25/11/2019
SU-6395/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Bhadang for pltff present.
Adv. Shah for defendant no. 6 to 12 present.
K.B
LO
Draft notice of motions tendered by advocate for
defendant 6 to 12 for setting aside and recalling the order
dated 08/10/2019 whereby the evidence of defendant
was closed.
Heard. The Ld. Counsel for defendant 6 to 12 submitted
that for preparing affidavit in lieu of examination of chief
of the defendants, certain document were not traceable.
The defendant no. 9 to was supposed to give evidence on
behalf of these defendants was unwell therefore time was
consumed for adducing evidence on behalf of these
defendants.
The Ld. Counsel for plaintiffs opposed the present notice
of motion on the ground that these defendants have
consumed consider time on the count of lost of
document. He submit that if this court allows the present
NM, heavy cost of Rs.1 Lakh be saddled on the
defendants.
On perusal of the roznama it appears that defendants
have consumed considerable time even for cross-
examination of the plaintiffs. The evidence of plaintiff
was completed on 14/02/2019 and thereafter the
defendants no. 6 to 12 on one or other reason sought
adjournment. Ultimately on 08/10/2019 the evidence of
these defendants was closed. The reasons assigned by the
defendants are not supported by any document. But in
the interest of Justice the matter is required to be decided
on merit by giving fair opportunity to the defendants
subject to cost hence it is expedient to pass following
order:-
1. Draft Notice of motion is made absolute in terms of
prayer clause (a) and (b) subject to cost of Rs. 10,000/-
to be paid by the defendant no.6 to 12 to the plaintiffs on
or before next scheduled date.
2. Payment of cost is subject precedent.
3. On payment of cost the affidavit of examination in
chief of defendant no. 9 be taken on record in case of
failure of the defendants no. 6 to 12 to comply with the
order on or before next date the court will proceed with
matter in accordance with law.
-- 1 of 12 --
Noting : 2 C. R. No. 01
4. Draft notice of motion be registered for statistical
purpose.
The counsel for defendant undertakes to comply the
order before next date and will supply the copy of
affidavit of examination in chief to the counsel for
plaintiffs.
Adjd for compliance / cross-examination to 09/12/2019
at 4.00pm.
Judge
25/11/2019
SU-9797/82
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhadang for pltff present.
Adv. Ms. Manisha Katkar for defendant present.
Heard both the parties.
Considering the nature of the documents and the same
were maintained in the due course of official business by
the public office hence those documents are marked as
Exhibit no. 63,64,65 and 66.
Matter is adjd to 11.12.2019 for admissibility of
document.
Judge
25/11/2019
SU-6397/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Bhadang for pltff present.
Adv. for Deft no. present.
PW-1 present.
Kb
LO
Adv. Shah for defendants present.
Draft notice of motion tendered by defendant no. 6, 7, 9
to 11 and 12.
Leave is granted to register.
Copy supplied to the counsel for plaintiff.
Adjd to 09/12/2019 for reply / hearing on NM.
Judge
25/11/2019
SU-8405/94
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Representative of pltff present.
Adv. Sayli Shinde a/w Shrinivas Bobde I/b by Kartikeya
and associates for Defendant present.
The Representative of pltff seeks time as the counsel for
pltff is not available granted as a last chance.
Matter is Adjd to 03.12.2019 for admissibility of
document.
-- 2 of 12 --
Noting : 3 C. R. No. 01
Judge
25/11/2019
SU-6750/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Sonal Dabholkar for pltff present.
The Ld Counsel for pltff submitted that the defendant has
filed transfer application.
The matter is adjd to 16.01.2020.
Judge
25/11/2019
SU-6760/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Sonal Dabholkar for pltff present.
The Ld counsel for pltff submitted that the defendant has
filed transfer application.
The matter is adjd to 16.01.2020.
Judge
25/11/2019
SU-110070/99
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shyam Panchmukh for pltff present.
Adv. Tripathi for defendant present.
Matter is adjd to 19.12.2019 for hearing.
Judge
25/11/2019
SU-102/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for pltff.
Adv. Pradeep Zende @ Pradeep Gurge for defendant
present.
Advocate for deft seeks time granted interest of justice.
Matter is Adjd to 16.01.2020 for Recording evidence.
Judge
25/11/2019
SU-1501/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vishal Rathod for pltff present.
The Ld counsel for seeks time for adducing evidence
already sufficient time was granted to the pltff to adduce
evidence. Grated as a last chance Subject to deposit of
cost of Rs. 2000/- with legal aid.
16.01.2020.
Judge
25/11/2019
SU-2890/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Pltff present his advocate absent.
He seeks time for adducing evidence.. Granted as last
chance.
Adjd to 13/01/2020 for evidence.
Judge
-- 3 of 12 --
Noting : 4 C. R. No. 01
25/11/2019
SU-3848/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Niyati Hakani for pltff present.
Adv. Mr. Bhel for defendant present.
Court Commissioner Sawant present.
The parties are directed to cooperate the court
commissioner for recording of the cross examination of
PW-1 in case any of the party fail to cooperate court
commissioner for recording the evidence the court
commissioner to inform the court about the same in
writing.
Matter is adjd to 18.12.2019 for Recording evidence.
Judge
25/11/2019
SU-2881/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Poonam Garge for pltff present.
Issue writ of summons against the defendant.
28.02.2020.
Judge
25/11/2019
SU-2881/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gupta for pltff present.
He would submit that the department has not received
the acknowledgement of writ of summons and
therefore, Seeks time filed affidavit of service.
Matter is adjd to 10.02.2020.
Judge
25/11/2019
Commercial
Suit 75/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for pltff.
Pltff has not filed affidavit of service in respect of service
of WOS to the defendants. Pltff to take steps to serve the
defendant and to file the service affidavit.
Adjd for 16.12.2019.
Judge
25/11/2019
SU-1612/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
N.O.B. T.O.R
Matter is received C.R No.9.
Adv. Ms. Mansi Thakkar for pltff present.
Adv. Ms. Radha Agarwal for defendant present.
The other connected matter is on 15/02/2020 hence this
matter is also kept for draft issue/ framing of issues on
15/02/2020.
adjd to 15/02/2020 for draft issue/ framing of issues.
Judge
-- 4 of 12 --
Noting : 5 C. R. No. 01
25/11/2019
SU-946/2013
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. I.S Yadav for plaintiff present.
Adv. Laxman Shahapur for all defendants present.
Heard both the sides.
Adjd for motion order to 02/12/2019
Judge
25/11/2019
E.A 252/2017
in suit
593/2013
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for decree holder present.
Adv. Thakkar for judgment debtor present.
Heard both the sides.
Adjd to 07/12/2019 for motion order.
Judge
25/11/2019
E.A. 253/2017
In suit 594/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for decree holder present.
Adv. Thakkar for judgment debtor present.
Heard both the sides.
Adjd to 07/12/2019 for motion order.
Judge
25/11/2019
SU-2379/2017
Exh.08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Amitkumar Tiwari for defendant present.
Adjournment application filed by plaintiff.
O- Read application and say. Heard. Already last chance
was granted to the plaintiff in the matter. Considering the
personal reason of the advocate for plaintiff adjournment
is granted as very last chance subject to cost Rs. 1000/- to
be paid to defendant.
Adjd to 18/02/2020.
Judge
25/11/2019
SU-2453/2018
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S. V. Deolekar for plaintiff present.
Adv. Atif Khan for defendant present.
Reply filed by the defendant to NM 4090/2018.
Adjd to 19/12/2019 for hearing on NM.
Judge
-- 5 of 12 --
Noting : 6 C. R. No. 01
25/11/2019
SU-2916/2018
Exh.03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By Precipie
Adv. Sajid Shamim for plaintiff present.
Adv. Mayank Vira I/b Adv. Dave for defendant present.
Consent terms filed by the plaintiff and defendants
Order below Exh.03 and 01
Plaintiff along with his counsel present. Defendants along
with their counsel present. It is submitted on behalf of
parties that matter has been amicably settled between
them and accordingly they have filed consent term. I
have inquired with the plaintiff and the defendants as
regard the terms of consent term. Plaintiff has handed
over four cheques bearing no. 051206, 051208, 051209
and 051210 drawn on Oriental Bank Of Commerce, Parel
Branch, dated 19/11/2019 in favour of each defendant
and each of Rs. 22,12,500/-. The total amount of all the
four cheque is Rs. 88,50,000/-. Defendants acknowledges
the receipts of the four cheques. On verification plaintiff
and defendants afirmed the contents of consent term.
Hence it is expedient to pass following order
Order
1. Consent term Exh. 03 is accepted.
2. Suit is decreed in term of consent term Exh.03.
3. decree be drawn accordingly.
4. consent term Exh. 03 be the part of decree.
5. Parties to bear their own costs.
6. Court fees be refunded as per rule.
7. Pending NM 3919/2019 is accordingly disposed off.
Judge
25/11/2019
SU-2125/2019
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bankar for plaintiff present.
Adv. S. P. Munghate for defendant present.
Plaintiff files rejoinder to the reply of the defendant to
NM no. 2760/2019.
Earlier order if any, continue till next date.
Adjd to 20/01/2020 for hearing.
Judge
-- 6 of 12 --
Noting : 7 C. R. No. 01
25/11/2019
SU-1405/2015
Exh.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Paranjape for plaintiff present.
Adv. Bhagyashree Keni for defendant present.
Pursis filed by the plaintiff and defendant for refering the
matter to Lok Adalat.
O- seen and filed.
Hence Matter be referred to Lok Adalat.
Adjd to 13/01/2020 for report.
Judge
25/11/2019
SU- 917/2014
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Momankar for plaintiff present.
Adv. Nandini Chitar for defendant present.
Affidavit in reply filed by the counsel for defendant to the
additional affidavit of plaintiff dated 11/11/2019.
Adjd to 17/12/2019 for hearing.
Judge
25/11/2019
SU-918/2014
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Momankar for plaintiff present.
Adv. Nandini Chitar for defendant present.
Affidavit in reply filed by the counsel for defendant to the
additional affidavit of plaintiff dated 11/11/2019.
Adjd to 17/12/2019 for hearing.
Judge
25/11/2019
SU-1590/2012
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
It appears that since long the matter is kept in caption of
settlement but nothing is coming on the record hence put
be matter for NM hearing.
Adjd to 30/01/2020 for NM hearing.
Judge
25/11/2019
SU-1778/2017
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shukla for plaintiff present.
Adv. Khare for defendant present.
The Ld. Counsel for the plaintiff submitted that the
plaintiff no. 2 is not ready to bring legal heirs of the
plaintiff no.1 on the record and therefore it is not
possible to take steps.
Hence the suit is abated in respect of plaintiff no.1.
Adjd to 21/02/2020 for NM hearing.
Judge
-- 7 of 12 --
Noting : 8 C. R. No. 01
25/11/2019
SU-1370/2019
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vipul Shukla for plaintiff present.
Adv. Pabale for defendant present and tendered NM
4245/2019.
Order in NM 4245/2019.
Heard.
The Ld. Counsel for the defendant submitted that the
plaintiff was literally doing forum hunting. The defendant
appeared in the matter on 14/06/2019 and thereafter it
was not possible for the defendant to appear on several
dates. The defendant was under depression as for long
time. She was unable to attend the office as it was
difficult for her to leave her daughter. She has submitted
that written statement could not be filed as she was
unable to attend the office of advocate. She prayed for
condoning the delay.
The counsel for the plaintiff opposed the NM on the
ground that sufficient cause has not been made out. He
would submit that the delay is delebrate and intentional.
Hence prayed for rejecting the NM.
I had considered the rival contention. It appears that the
reason assigned by the defendant is not just and
probable. Be that as it may, the matter is at initial stage.
The plaintiff has not tendered his affidavit of examination
in chief. It would be in the intrest of the parties if the
matter is decided on the merits. No prejudice would be
cause to the plaintiff if the written statement is taken on
record. Even otherwise in dealing with such type of
petition there should not be hyper technical and pedantic
approach. Considering the same it is just and expedient
to pass following order.
ORDER
1. NM 4245/2019 is made absolute in terms of prayer
clause (a) and (b) Subject to cost of Rs. 3000/- to be
paid by the defendant to the plaintiff within a period of 4
weeks from today.
2. Payment of cost is subject precedent.
3. After compliance of the order written statement be
taken on record.
4. NM 4245/2019 is disposed of accordingly.
Adjd for compliance to 20/02/2020
Judge
-- 8 of 12 --
Noting : 9 C. R. No. 01
25/11/2019
Suit 1356
/2017
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kharatmal for plaintiff present.
On perusal of record it appears that the plaintiff has filed
service affidavit on 18/01/2018 . The defendant no. 1
and 7 appears to have been duly served. The defendant
no.6 and 7 appeared through their respective counsels.
The defendant no.6 has not filed the written statement
hence the suit to proceed without W.S of defendant no. 6.
The service affidavit and the sealed postal envelopes. The
postal endorsement demonstrate that the address of
defendant no.2 to 5 is incorrect therefore the plaintiff is
directed to serve the writ of summons and notice of
motions to these defendants through baliff.
Earlier order if any to continue till next date.
Matter adjd for compliance and affidavit of service in
respect of defendant no. 2 to 5 to 21/02/2020.
Judge
25/11/2019
Suit 1357
/2017
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kharatmal for plaintiff present.
On perusal of record and affidavit of service dated
18/01/2018 it appears that the defendant no. 1, 4 and 6
were not duly served. The defendant no. 2 , 3 and 5 were
duly served. The defendant no.3 appeared in the matter
and filed reply. The suit to proceed ex-parte against 2 and
5. The defendant no.3 failed to file written statement
hence suit to proceed without WS of defendant no.5.
Plaintiff to take steps to serve notice of motion and writ
of summons defendant no.1, 4, and 6 through the baliff.
Earlier order if any to continue till next date.
Matter adjd for compliance and affidavit of service in
respect of defendant no. 1, 4 and 6 to 21/02/2020.
Judge
-- 9 of 12 --
Noting : 10 C. R. No. 01
25/11/2019
Suit 1358
/2017
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kharatmal for plaintiff present.
On perusal of record and affidavit of service dated
18/01/2018 it appears that the defendant no. 1 to 3 were
not duly served. The defendant no. 4 was duly served but
none appeared on behalf of defendant no.4 hence suit to
proceed ex-parte against defendant no.4. Plaintiff to take
steps to serve notice of motion and writ of summons
defendant no.1 to 3 through the baliff.
Earlier order if any to continue till next date.
Matter adjd for compliance and affidavit of service in
respect of defendant no.1 to 3 to 21/02/2020.
Judge
25/11/2019
Suit 1359
/2017
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kharatmal for plaintiff present.
On perusal of record and affidavit of service dated
18/01/2018 it appears that the defendant no. 1 to 4 were
not duly served. The defendant no. 5 was duly served.
The defendant no.3 appeared in the matter and filed
reply. The defendant no. 5 failed to file written
statements hence suit to proceed without W.S against
defendant no.5. Plaintiff to take steps to serve notice of
motion and writ of summons defendant no.1 to 5 through
the baliff.
Earlier order if any to continue till next date.
Matter adjd for compliance and affidavit of service in
respect of defendant no. 1 to 5 to 21/02/2020.
Judge
25/11/2019
Commercial
Suit 138/2019
Exh.05
Exh.06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Indankar for plaintiff present.
Adv. Menghari for defendant no.1 present.
Adv. Gaikwad for defendant no. 2 present.
Vakalatnama filed on behalf defendant no.2
order - Seen and filed.
Affidavit filed on behalf of defendant no.2
O- seen.
Adjd to 26/11/2019 for NM order.
Judge
-- 10 of 12 --
Noting : 11 C. R. No. 01
25/11/2019
Suit 2947
/2019
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Choudhary for plaintiff present.
Adv. Shahzad Radhanpura along with Suffiyan Qureshi
for defendant present.
FRSR following order is passed in CS no. 1764/2019.
1. ch/s 1764/2019 is made absolute in prayer clause a
and b.
2. plaintiff to carry out necessary amendment within a
period of 7 days from today.
3. ch/s 1764/2019 is disposed of accordingly.
Adjd to 30/11/2019 for compliance.
Judge
25/11/2019
Stamp 179/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kumbhar for plaintiff present.
Adv for defendant absent.
Order below Exh. 07 - call say of defendant.
Earlier order if any continue till next date.
Adjd for say to 07/01/2020.
Judge
25/11/2019
Suit 241/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Devidas more for plaintiff present.
Adv for defendant absent.
Service affidavit filed by adv. for plaintiff.
adjd to 12/02/2020.
Judge
25/11/2019
SU-2343/2014
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shashikala Mahamune for plaintiff present.
Adv. Singh for all defendants present.
Kb
Lo
adv. Kadu for plaintiff present.
Heard both the sides.
Adjd to 03/12/2019 for order.
Judge
25/11/2019
SU-4584/2018
Exh.11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie
Adv. for plaintiff present.
Application for taking the above suit on todays board.
List of judgment relied upon by the plaintiff.
Already Adjd to 29/11/2019.
Judge
-- 11 of 12 --
Noting : 12 C. R. No. 01
25/11/2019
SU-2973/2019
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie
Adv. Singh for plaintiff present and tendered draft notice
of motion.
Leave granted to register NM
Already Adjd to 09/12/2019.
Judge
25/11/2019
SU-2997/2019
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie
Adv.Pillay for plff. files list of Judgments.
Already adjd. to 29.11.2019 for order.
Judge
25/11/2019
Suit 593/2013
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for decree holder present.
Adv. Thakkar for judgment debtor present.
Heard both the sides.
Adjd to 07/12/2019 for motion order.
Judge
25/11/2019
Suit 594/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for decree holder present.
Adv. Thakkar for judgment debtor present.
Heard both the sides.
Adjd to 07/12/2019 for motion order.
Judge
-- 12 of 12 --