Final Order 1

Order Details: Other
Pdf Text: Noting : 22/10/2019 1 C. R. No. 01
22/10/2019
SU-4335/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anita Borkar for plaintiff present.
Adv. Puranik for defendant no. 1 present.
PW-1 present.
The Ld. Advocate for the defendant no. 1 seeks time for
cross examination.
Time is granted in the interest of justice.
Adjourned for further cross examination of PW-1 to
4.11.2019.
Judge
22/10/2019
SU-5959/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Mehul Shah for defendant present.
Court is busy in other matters.
Adjourned for order on Exh. 80 and hearing on Exh. 79
to 6.11.2019.
Judge
22/10/2019
SU-6031/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Mehul Shah for defendant present.
Court is busy in other matters.
Adjourned for order on Exh. 74 and hearing on Exh. 73
to 6.11.2019.
Judge
22/10/2019
SU-1941/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Surbhi Gujar for defendants present.
Amendment carried out by the plaintiff.
Adjourned for issues to 4.1.2020
Judge
22/10/2019
SU-3508/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kapadia for plaintiff present.
None present for defendant.
The Ld. Advocate for the plaintiff seeks time to adduce
evidence.
Adjourned for evidence of the plaintiff to 8.1.2020.
Judge
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Noting : 22/10/2019 2 C. R. No. 01
22/10/2019
Commercial
Suit No. 19/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gaddamwar for plaintiff present.
Adv. Palhade for defendant present.
The Ld. counsel for the plaintiff seeks time for production
of original documents
Adjourned for examination of the written statement and
for production of original documents to 16.11.2019
Judge
22/10/2019
EA-381/13
Exh. 16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Swati awant for DH present.
Adv. Ashwini Mahadik for JD present.
Adjournment application filed on behalf of JD.
O-Considering the reason adjournment is granted.
Adjourned for recording evidence to 22.11.2019.
Judge
22/10/2019
SU-4636/10
Exh. 4
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yatin Shah for plaintiff present.
None present for defendants.
Deposition of PW-1-Nandkishore Chotelal Chourasia.
Compilation of documents filed by the plaintiff.
The Ld. Advocate for the plaintiff undertakes to supply
copy of evidence affidavit and compilation of documents
to the defendants
Adjourned for say and hearing on admissibility of the
documents to 19.12.2019.
Judge
22/10/2019
SU-3873/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Mansi chikod for defendant no. 2 present.
Last chance is granted to the plaintiff.
Adjourned for recording evidence to 10.1.2020.
Judge
22/10/2019
SU-4540/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
PW-1 absent.
Adjourned for cross examination 19.12.2019.
Judge
-- 2 of 14 --
Noting : 22/10/2019 3 C. R. No. 01
22/10/2019
SU-1634/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for further argument of plaintiff to 9.1.2020
Judge
22/10/2019
SU-3226/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Defendant no. 2 present.
Plaintiff was directed to supply the copy of affidavit of
evidence and compilation of documents to the
defendants. It appears that the plaintiff has not complied
the order. Granted as a last chance.
Adjourned for compliance to 6.1.2020
Judge
22/10/2019
SU-3648/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Apoorva Kulkarni for plaintiff present.
None present for defendants.
The Ld. Advocate for the plaintiff submitted that the copy
of affidavit of examination in chief and compilation of
documents was served upon to the counsel for the
defendants on 9.9.2019. Last chance is granted to the
defendants for filing say on admissibility of the
documents.
Adjourned for say and hearing on admissibility of the
documents to 3.1.2020.
Judge
22/10/2019
SU-2842/14
Exh. 29
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nehal Soni for plaintiff present.
Adv. Pramod Pandey for defendant nos. 1 to 3 present.
Court Commissioner Ashish Naik is present.
Report filed by the Court Commissioner Mr. Ashish Naik.
TOT. Copy of Court Commissioner Report received by the
plaintiff and the defendants. Court Commissioner is
discharged.
Adjourned for further evidence of the plaintiff to
3.12.2019.
Judge
-- 3 of 14 --
Noting : 22/10/2019 4 C. R. No. 01
22/10/2019
EA-488/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gandhi for DH present.
Adv. Shahbaj for JD present.
The Ld. counsel for the JD filed the hard copy of the
order of the Hon'ble High Court dated 7.10.19 in first
appeal no. 908/18 wherein the counsel for the DH made
the statement that he will not go ahead with the hearing
till next date. The next date before the Hon'ble High
Court is 18.11.2019.
Matter is adjourned for hearing to 17.12.2019.
Judge
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Noting : 22/10/2019 5 C. R. No. 01
22/10/2019
SU-9797/82
Exh. 59
Exh 60
Exh. 61
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhadang with Adv. Bhakti Jogalekar for plaintiff
present.
Adv. Pankaj Kawali along with Adv. Manisha Karkar for
defendant present.
Witness Mr. M. R. Das is present.
Deposition of witness M. R. Das.
Evidence of witness M. R. Das is completed.
Application filed by witness Mr. M. R. Das the Registrar of
Companies, Maharashtra, Mumbai for production of
documents.
O-Production is allowed.
Application filed on behalf of Mr. M. R. Das for refund of
bail amount.
Order below Exh. 61.
This application is for refund of the bail amount of Rs.
2,000/-. The witness is present. The Dy. Registrar to
refund the amount of Rs. 2,000 to Mr. M. R. Das, if
deposited by him towards bail bond, as the witness
attended the court, on verification. Accordingly Exh. 61
is disposed of.
___________________________________________
Adjourned for further evidence of the defendant to
14.11.2019.
Judge
22/10/2019
SU-6085/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mishra for plaintiff present.
Adv. Fernandes for defendant present.
Heard argument of Ld. Advocate for defendant. He
completed his argument.
The ld. counsel for the plaintiff seeks time for argument.
The Ld. Counsel for the defendant opposed the request
for adjournment. In the interest of justice, matter is
adjourned as a last chance for the argument of the
plaintiff.
Adjourned for argument of plaintiff to 11.11.2019.
Judge
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Noting : 22/10/2019 6 C. R. No. 01
22/10/2019
SU-2281/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pramod Pandey for plaintiff present.
None present for defendant.
In last roznama it is wrongly mentioned that plaintiff has
filed rejoinder and the name of the advocate of plaintiff
as Patankar, whereas adv. Patankar represents defendant.
Disposed of registered NM 2699/19 tendered by the
plaintiff. TOR.
Adjourned for hearing on NM to 7.1.2020.
LO.
Ad.v Bhoir for defendant' present.
Judge
22/10/2019
SU-3101/18
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
On last date the Ld. counsel for the defendant Nos .1 to 8
waived the service of writ of summons and sought time
to file written statement. None present on behalf of
defendant nos. 1 to 8. Adjourned as a last chance for
filing written statement, if under the limitation, to
18.12.2019.
LO
Adv. Shweta Kamble for plaintiff present.
Adv. Dipali Bosamia for defendant nos. 5 to 8 present.
Adv. Rekha Jain for defendant nos. 1 to 4 present.
Written statement filed on behalf of defendant nos. 5 to
8. O-R and R.
Adjourned for hearing on NM to 18.12.2019
Judge
22/10/2019
SU-2466/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gharat for plaintiff present.
None present for defendants.
The Ld. Advocate for the plaintiff seeks time for hearing
on NM.
Adjourned for hearing on NM to 10.12.2019
Judge
22/10/2019
SU-2666/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for order to 9.12.2019.
Judge
-- 6 of 14 --
Noting : 22/10/2019 7 C. R. No. 01
22/10/2019
SU-3093/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Proof of service of writ of summons not filed by the
plaintiff in respect of service to defendant nos. 2 and 3.
The defendant no. 1 appeared in the matter on
17.10.2018 but failed to file written statement. Suit to
proceed without written statement of defendant no. 1. As
the plaintiff failed to file affidavit of service in respect of
defendant nos. 2 and 3, put the case for dismissal against
defendant nos. 2 and 3.
Adjourned for dismissal of suit against defendant nos. 2
and 3 to 8.1.2020.
Judge
22/10/2019
SU-1699/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. K .Tiwari for plaintiff present.
Adv. Rapolu for defendant present.
The Ld. counsel for the plaintiff seeks time for hearing on
NM.
Adjourned for hearing on NM to 3.12.2019.
Judge
22/10/2019
SU-946/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mangesh Nalawade for plaintiff present.
Adv. Sunny Yadav for defendant present.
Order below Exh. 6
By application (Exh. 6) defendant sought permission to
register earlier draft NM tendered on 26.6.2018. Leave is
granted to registered NM. Application (Exh. 6) is
disposed of accordingly.
_________________________________________
Adjourned for hearing on NM to 12.12.2019.
Judge
-- 7 of 14 --
Noting : 22/10/2019 8 C. R. No. 01
22/10/2019
SU-2581/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nasikwala for plaintiff present.
The Ld. Advocate for the plaintiff tendered registered NM
3807/18. She also filed original writ of summons.
It appears that defendant no. 4 accepted the service on
behalf of defendant nos. 1 to 3 and 5 to 8. But it is not a
proper service. Plaintiff to make service on these
defendants individually. Original writ of summons
returned to the plaintiff.
Adjourned for filing affidavit of service to 2.1.2020.
Judge
22/10/2019
SU-2392/19
Exh. 2
Exh 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Naina Pardeshi for plaintiff present.
Adv. Bhosale for defendant present.
Registered NM 3852/19 tendered by the plaintiff. TOR.
Vakalatnama filed on behalf of defendant. O-Seen and
filed.
Written statement filed by the defendant. O-R and R.
The Ld. Advocate for the defendant seeks time to file
reply on NM.
Adjourned for reply to NM to 3.1.2020.
Judge
22/10/2019
SU-1593/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of the plaintiff.
Plaintiff has not filed the affidavit of service of writ of
summons.
Last chance is granted to the plaintiff.
Adjourned for affidavit of service to 7.1.2020.
Judge
22/10/2019
SU-6017/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for reply to NM as a last chance to 8.1.2020.
Judge
22/10/2019
SU-1773/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for reply to NM as a last chance to 8.1.2020.
Judge
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Noting : 22/10/2019 9 C. R. No. 01
22/10/2019
SU-1969/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
C. A. of plaintiff present.
Adv. Desai for defendant nos. 7(a) and 7(b) present.
Adv. Shrutika Lakhan for defendant nos. 2, 3, 5 and 6
present.
The Ld. counsel for the defendant nos. 2, 3, 5 and 6 seeks
time for hearing on preliminary issue, hearing on notice
of motions and chamber summons.
Earlier order if any to continue till next date.
Adjourned for further hearing on the application for
framing preliminary issue and all the pending motions
and chamber summons to 9.12.2019.
Judge
22/10/2019
SU-4321/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhadang with Adv. Dubhash for plaintiff present.
Adv. Apoorva Thipse for defendant no. 1 present.
Adv. Manish Doshi for defendant no. 2 present.
Heard further argument of Ld. Advocate for the plaintiff
on NM partly. Adjourned for further argument of plaintiff
on NM no. 1182/19 to 23.10.2019.
Judge
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Noting : 22/10/2019 10 C. R. No. 01
22/10/2019
SU-9488/89
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
CA of Plaintiff present.
None present for defendants.
The matter is of the year 1989. The C. A. of plaintiff
submitted that the order in NM no. 3464/18 is under
challenge before the Hon'ble High Court in Writ Petition
No.1692/19. Sufficient time has been granted to the
plaintiff. It appears that the Hon'ble High Court made it
clear that if the ad-interim relief is not granted for a
limited period, the said order will remain unaffected. The
C. A. of the plaintiff fairly submitted that the Hon'ble
High has not granted any ad-interim relief. Two
applications (Exh. 47 and 49) filed by the plaintiff for
stay of the suit are pending. Already application Exh. 47
is on the record for stay of the proceeding and for stay to
the compliance of order in NM no. 3464/18 till the
disposal of Writ Petition No.1692/19. Already the stay
application Exh. 47 was pending for hearing and
meanwhile application Exh. 49 was filed. The defendants
have not filed say to the Exh. 49. As application Exh. 47
is pending, there is no purpose in dealing with
application Exh. 49. Matter is adjourned for hearing on
Exh. 47. The defendants have not filed the Power of
Attorney . In case the defendants failed to file the power
of attorney, the court will proceed further in accordance
with the law.
Adjourned for hearing on Exh. 47 to 21.11.2019.
Judge
22/10/2019
SU-1590/19
Exh. 2
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kuber for plaintiff present.
Defendant no. 4 in person present.
Adv. Viraj Kadam for defendant no. 3 present.
Defendant no. 3 present.
Affidavit of service in respect of defendant nos. 1 to 3
filed by the plaintiff.
Vakalatnama filed on behalf of defendant no. 3. O-Seen
and filed.
Put matter for order against defendant nos. 1 and 2.
Adjourned for order against defendant nos. 1 and 2 to
18.12.2019.
Judge
-- 10 of 14 --
Noting : 22/10/2019 11 C. R. No. 01
22/10/2019
SU-2888/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pandey for plaintiff present.
Adv. Sawant for defendants present.
Draft NM along with affidavit tendered by the defendant.
Leave is granted to register.
Heard Ld. Advocate for the plaintiff and defendant on
draft NM.
Order on draft Notice of motion.
Heard. The defendant no. 1 contended that due to his
pre-occupation and business work, was not able to go
through the affidavit of reply. He was also engaged in
work in the month of September and therefore could not
file reply. The Ld. counsel for the plaintiff has given no
objection. In view of the matter and for giving fair
opportunities to the defendants, the Notice of Motion
needs consideration. Hence it is expedient to pass
following order.
ORDER
1. Draft Notice of Motion is made absolute in terms of
prayer clause (a).
2. Reply tendered by defendant no. 1 to the Notice of
Motion No. 1309/2019 be taken on record.
3. Draft Notice of Motion be registered for statistical
purpose.
4. Draft Notice of Motion is disposed of accordingly.
____________________________________
Reply tendered by defendant no .1 to the NM no.
1309/2019. TOR.
The Ld. counsel for the plaintiff seeks time for filing
rejoinder, if any.
Adjourned for rejoinder / hearing on NM to 5.12.2019.
Judge
22/10/2019
SU-2287/19
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Holambepatil for plaintiff present.
Adv. Vishal Phal for defendant present.
Vakalatnama filed on behalf of plaintiff. O-Seen and file.
Heard argument of Ld. Advocate for the plaintiff and
defendant on NM.
Adjourned for order on NM to 1.11.2019
Judge
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-- 11 of 14 --
Noting : 22/10/2019 12 C. R. No. 01
22/10/2019
SU-8248/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in hearing time bound notice of motion in
Suit no. 4321/13 and in suit no. 2287/19.
Adjourned for judgment to 24.10.2019
Judge
22/10/2019
SU-413/14
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Plaintiff nos. 1 and 2 present.
Defendant nos. 1 and 3 present.
Adv. Brijesh for plaintiff present.
Adv. Tiwari for defendant no. 1 presnet.
Adv. Seth for defendant nos. 2 to 4 present.
Advocate for plaintiff plaintiff filed application for
withdrawal of the suit.
Advocates for defendants have given no objection. The
Ld. Advocate for the plaintiff submitted that the matter is
settled between plaintiffs and defendants and therefore
wish to withdraw the suit. Plaintiff also adhere to the
contents of the application (Ehx. 5). Hence it is
expedient to pass following order.
ORDER
1. Suit is disposed of as withdrawn.
2. No order as to costs.
3. Court fees be refunded as per rules.
Judge
-- 12 of 14 --
Noting : 22/10/2019 13 C. R. No. 01
22/10/2019
SU-3848/12
Exh. 21-A
Exh. 22
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hakani for plaintiff present.
Adv. Ashwini Mahadik for defendants present.
Reply filed by defendants on Exh. 21.
Court Commissioner Mr. P. G. Sawant filed report. O-
TOR.
Order below Exh. 21
Read application and reply . Heard. The Ld. counsel for
the plaintiff submitted that the defendants are sedking
adjournment and postponement of the matter and also
putting irrelevant questions to the witness and therefore
prayed for taking further cross examination of the PW-1
before th Court. The application is opposed by the
defendants on the count that on the request of the
plaintiff the Court Commissioner was appointed. It is
further submitted by the defendants that the defendants
have not sought adjournment and allegations to that
effect are false. It is further submitted that the witness
cannot decide relevancy of the questions. The PW-1
comes late at the time of her cross examination before
the Court Commissioner and therefore the delay is due to
the plaintiff. The Ld. counsel for the defendants further
submitted that in two sittings the cross of PW-1 would be
over.
On perusal of the record and the report of Court
Commissioner it appears that substantial cross
examination of PW-1 has been completed. The Court
Commissioner was appointed vide order dated 18.3.2019
after the consent of the parties to the suit. The grounds
given by the plaintiff for taking further cross before the
court do not appear to be justifiable. The cross
examination of the PW-1 was started before the Court
commissioner. There were almost four sittings before
the Court Commissioner. It would be better if the cross
examination is completed before the Court Commissioner
and therefore application Exh. 21 needs no consideration.
Hence the application (Exh. 21) is rejected. Defendants
to cooperate for the cross examination of the plaintiff and
to desist from putting any irrelevant question.
_____________________________________________
Adjourned for recording evidence to 25.11.2019.
Judge
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Noting : 22/10/2019 14 C. R. No. 01
22/10/2019
Comm. suit no.
138/19
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Saif Hingankar for plaintiff present.
Adv. Chetan Agarwal for defendant no. 1 present.
Vakalatnama filed on behalf of defendant no. 1. O-Seen
and filed.
Plaintiff filed affidavit in reply to application of defendant
no. 1 u/s 8 of Arbitration and Conciliation Act, 1996.
Plaintiff filed rejoinder to the notice of motion. TOR.
Heard argument of Ld. advocate for the plaintiff and
defendant no. 1 on NM. Adjourned for order on NM.
Earlier order if any to continue till next date.
The Ld. counsel for the plaintiff submitted that Bank
Guarantee is going to expire on 31.10.2019. Plaintiff to
renew it till 31.12.2019.
Adjourned for order on NM to 13.11.2019.
Judge
Completed.
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