Final Order 1

Order Details: Chamber summons
Pdf Text: Noting : 30.01.2020 1 C. R. No. 01
30/01/2020
SU 1330/14
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Raju Devkar for pltff present.
None for Defendant.
Application for advocate for pltff for removal of caption
dismissal.
O- Read application. The order of dismissal is called back.
The matter is adjd for evidence of the plaintiff to
01.04.2020.
Judge
30/01/2020
SU 7530/81
Exh.11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sohoni for pltff present.
Adv. Zubin Dalal for Deft no. 18 to 19 present.
Adv. Ranjnish Dubey for deft no.20 to 23.
Order – Read application considering the reason
adjournment is granted.
Draft N/M @ affidavit tendered by counsel for deft no.18.
Leave is granted to register.
The matter is adjd for Settlement to 20.02.2020.
Judge
30/01/2020
SU 1216/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for the pltff.
Adv. Gharat h/f Keni for deft no.1 present.
There is element of settlement in the matter, hence matter
is referred for Mediation.
The matter is adjd for Report to 25.02.2020.
Judge
30/01/2020
SU 314/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for evidence of the pltff granted as a last
chance.
The matter is adjd for evidence to 18.03.2020.
Judge
-- 1 of 12 --
Noting : 30.01.2020 2 C. R. No. 01
30/01/2020
SU 5952/07
Exh.48
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gharat for pltff present.
Adv. Kaustubh Patil for deft no.1 and 2 present.
Evidence Closing pursis filed by advocate for Plaintiff.
O-Seen & filed.
The matter is adjd for evidence of deft. to 25.02.2020.
Judge
30/01/2020
SU 7485/83
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Zubin Dalal for pltff present.
Adv. Almeda for deft no.6 present.
Adv. Ashish Ghadge @ Kachare for Deft no.1(a) 2, and 4
present.
Adv for deft no.1(aa) and 1(bb) Ms.Nichani present.
Adv for deft no.1(c) and 3 Mr.Sharma present.
Advocate Kachare submitted that deft no.1(a),2 and 4 do
not want cross examine DW-1.
Advocate Sharma submitted that deft no.1(c),and 3 do
not want cross examine DW-1.
Cross examination of DW-1 Suresh Premchand Chainani
by Adv. Zubin Dalal for Plaintiffs. resumed on S. A &
Completed.
Cross examination of DW-1 Suresh Premchand Chainani
by Adv. Almeda for deft no.6.
The matter is adjd for further cross examination of DW-1
by Deft no.6. to 04.02.2020.
Judge
30/01/2020
SU 7548/04
Exh.17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Babu for pltff present.
Adv. Arjun Sawant for deft no.9 to 11 and 13 to 24
present.
Order – Already last chance was granted to PW-1 on
previous date. Hence adjournment application cannot be
considered. application stand rejected.
The matter is adjd for Dismissal to 02.03.2020.
Judge
-- 2 of 12 --
Noting : 30.01.2020 3 C. R. No. 01
30/01/2020
Commercial
136/19
Exh.4
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Anjali Koteja h/f Lakhani for pltff.
Pltff present.
None present for Defendant.
Affidavit of evidence of the pltff.
List of documents.
Plaintiff seeks time to file further documents.
The matter is adjd for evidence to 15.02.2020.
Judge
30/01/2020
SU 5928/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mukharjee for pltff present.
Adv. Ms. Kazi for deft no.7 present.
Adv. Hemangi Kamdar for Deft no.1 to 3.
Adv. Ms. Vora for deft no.5 present.
Adv. for deft no.1 to 3 seeks adjournment granted as a last
chance.
The matter is adjd for evidence to 09.03.2020.
Judge
30/01/2020
SU 19/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. D'lima for pltff present.
Adv. Aditya Modi for deft no.1 present.
The Ld counsel for deft seeks time to file say to Exh.24.
Granted as a last chance.
The matter is adjd for Say and Hearing on Exh.24 to
12.03.2020.
Judge
30/01/2020
SU 2227/15
Exh.16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kaustubh Patil for pltff present.
Adv. Gharat for Deft no.1 and 2 present.
None present for Deft no.3 and 4.
Closing pursis filed by advocate for deft no.1 and 2.
The matter is adjd for Argument to 25.02.2020.
Judge
-- 3 of 12 --
Noting : 30.01.2020 4 C. R. No. 01
30/01/2020
SU 132/20
Exh.1
Exh.2
Exh.3
Exh.4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. S.K. Mulla for pltff present.
Plaint
Vakalatnama.
Memorandum of address.
List of document.
Issue writ of summons.
The matter is adjd for Affidavit of service to 22.04.2020.
Judge
30/01/2020
SU 3089/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for pltff and defendant.
Already last chance was granted to the hearing on
admissibility of document.
The matter is adjd for Dismissal order to 18.03.2020.
Judge
30/01/2020
SU 7538/81
Exh.45
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ankush Shah for pltff present.
Adv. Heera for deft no. 1 to 4 and 6 present.
Adv. Sheshadri for deft no.10 to 12 present.
Application tendered advocate for deft no.1o to 12 t.o.r
O-Read application from the application it reveals that the
parties are lying to amicably settle the matter and there is
material progress to that effect.
Consideration the same adjournment is granted.
The matter is adjd for Settlement to 17.02. 2020.
Judge
30/01/2020
SU 2679/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Roshni Bhandari for Pltff present.
Adv. Moin Khan for deft present.
PW-1 present.
Copy of affidavit of evidence and compilation of
documents on the record received by counsel for
defendant. The Ld counsel for the deft seeks time for
hearing on Exh.8.
The matter is adjd for hearing on admissibility of
document and hearing on Exh.8 to 16.03.2020.
Judge
-- 4 of 12 --
Noting : 30.01.2020 5 C. R. No. 01
30/01/2020
SU 3392/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Karande for pltff present.
None for defendant.
The matter is adjd for Issue to 13.03.2020.
Judge
30/01/2020
Commercial
39/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shyam Horambe for pltff present.
Adv. Uma Jha for deft present.
Ld. Counsel for the defendant seeks to file additional
Written Statement. Granted as a last chance.
The matter is adjd for additional W/st to 14.02.2020.
Judge
30/01/2020
E.A 466/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Steps not taken Put execution for dismissal order
The matter is adjd for Dismissal Order to 09.03.2020.
Judge
30/01/2020
SU 1590/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Put N/M for dismissal order.
The matter is adjd for Dismissal Order to 17.03.2020.
Judge
30/01/2020
SU 3085/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv.Sunil Karot for pltff present.
Adv. Rahul Singh for deft no.2 present.
Heard. N/M 1701/19.
The matter is adjd for N/M Order in N/M No.1701/19 to
12.02.2020.
Judge
-- 5 of 12 --
Noting : 30.01.2020 6 C. R. No. 01
30/01/2020
SU 3026/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nilesh Pandey for plaintiff present.
Adv. M. Surana for deft. no.1 present.
Adv. Sen for deft. no.2 to 16 and 18 present.
Adv. Punam for deft. no.19 to 21 present.
The Ld counsel for the deft no.1 tender compilation of
documents. He would submit that the preliminary issue
was framed by this court and in view of the amendment
to the CPC, Section 9A of the CPC was deleted. Hence
there was no prosecution on the preliminary issue. He
further argue that in view of the subsequent amendment
the matter in which application under section 9A was
tendered will not have the effect of the first amendment
and those have been saved. The Ld counsel for the pltff
submitted that he would put it comment on this issue.
The Matter is Adjourned for 24.02.2020 for Compliance.
Judge
30/01/2020
SU 375/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Plaintiff seeks time as her advocate is unwell.
None present for deft.
The matter is adjd for Hearing to Ch/s & N/M to
24.03. 2020.
Judge
30/01/2020
SU 2476/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Narendra Gharat for pltff present.
Adv. K.R. Chaubey for Deft present.
Register N/M not tendered by pltff.
Pltff to tender register N/M.
The matter is adjd for hearing on N/M to 23.03.2020.
Judge
30/01/2020
SU 2144/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Narendra Gharat for pltff present.
Adv. Nilesh Pandey for defts present.
Defendant seeks time granted.
The matter is adjd for Hearing on N/M to 09.03.2020.
-- 6 of 12 --
Noting : 30.01.2020 7 C. R. No. 01
Judge
30/01/2020
SU 162/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Narvekar for pltff present.
Adv. Shweta Sharma for deft no.1 tendered register N/M
No. 4847/19 t.o.r. say filed by pltff counsel on the
overleaf of the N/M.
Order in N/M 4847/19.
Read N/M and say. Heard
The Ld. Counsel for the deft no.1 submitted that deft no.1
has filed reply to the N/m tendered by pltff. The
statement was made by the advocate of the deft no.1 on
27.02.2019 that reply to the motion be treated as written
statement. It appears that the statement was not recorded
and on 19.11.2019 this court proceeded without W/st of
this defendant. Hence prayed for condoning the delay and
reply be treated as W.S.
Plaintiff objected the motion on the count that there is no
explanation for the delay. The pltff prayed for dismissal of
the N/M.
The reply was tendered by deft no.1 on 27.02.2019. No
such statement which the counsel for deft no.1 has given
that the reply be treated as written statement was
recorded. Subsequently the counsel for the deft did not
point out the court about the said statement. The said
explanation given by the deft no.1 is unacceptable.
Be that as it may, the deft no.1 wish to participate in the
proceeding. No prejudice would be caused to the pltff if
the reply is treated as Written statement hence, it is
expedient to pass following order.
ORDER.
1. N/M No. 4847/19 is made absolute in terms of prayer
clause (a) and (b) subject to cost of Rs.1000/- to be paid
to the pltff by the deft no.1 within period of 2 weeks from
today.
2. payment of cost is subject precedent.
3. On compliance of the order reply be treated as written
statement.
4. N/M 4847/19 is disposed of accordingly.
The matter is adjd for Compliance to 24.03.2020.
Judge
-- 7 of 12 --
Noting : 30.01.2020 8 C. R. No. 01
30/01/2020
SU 211/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Narvekar for pltff present.
Adv. Shweta Sharma for deft no.1 present tendered
register N/M No. 4826/19 t.o.r.
Order in N/M 4826/19.
Read N/M and say. Heard
The Ld. Counsel for the deft no.1 submitted that deft no.1
has filed reply to the N/m tendered by pltff. The
statement was made by the advocate of the deft no.1 on
27.02.2019 that reply to the motion be treated as written
statement. It appears that the statement was not recorded
and on 19.11.2019 this court proceeded without W/st this
defendant. Hence prayed condoning the delay and reply
be treated as W.S.
Plaintiff objected the motion on the count that there is no
explanation for the delay. The pltff prayed for dismissal of
the N/M.
The reply was tendered by deft no.1 on 27.02.2019. No
such statement which the counsel for deft no.1 has given
that the reply be treated as written statement was
recorded. Subsequently the counsel for the deft did not
point out the court about the said statement. The said
explanation given by the deft no.1 is unacceptable.
Be that as it may, the deft no.1 wish to participate in the
proceeding. No prejudice would be caused to the pltff if
the reply is treated as Written statement hence, it is
expedient to pass following order.
ORDER
1. N/M No. 4826/19 is made absolute in terms of prayer
clause (a) and (b) subject to cost of Rs.1000/- to be paid
to the pltff by the deft no.1 within period of 2 weeks from
today.
2. payment of cost is subject precedent.
3. On compliance of the order reply be treated as written
statement.
4. N/M 4826/19 is disposed of accordingly.
The matter is adjd for Compliance to 24.03.2020.
Judge
-- 8 of 12 --
Noting : 30.01.2020 9 C. R. No. 01
30/01/2020
SU 3936/13
Exh.5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Pltff present his advocate absent.
Adv. R.K. Jha for deft present.
The N/M is for dismissal Hence, the application for
adjournment needs no consideration. The application is
filed.
Pltff has not tendered the original N/M no.4223/13.
Hence, N/M No. 4223/13 is dismissed for want of
compliance and prosecution.
The defendants have adopted their reply as written
statement on 30.04.2016 The reply of Deft no.1 is at
Exh.4.
The matter is adjd for Issues to 26.03.2020.
Judge
1415
30/01/2020
SU 4952/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Parth Singh for pltff present.
None present behalf of defts. No reply filed by defts. The
Ch/s to proceed without reply of the defts.
Later On.
Adv. Ms. Firdos For deft no.1 to 7 present.
The matter is adjd for Ch/s Hearing to 05.03.2020.
Judge
30/01/2020
SU 770/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Meghani for pltff present.
No urgency precipe is rejected.
Judge
-- 9 of 12 --
Noting : 30.01.2020 10 C. R. No. 01
30/01/2020
SU 163/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Diksha Patil I/b Mhatre & Associates for pltff.
Deft no.1 present.
Adv. Deogirikar for deft no.3 present.
Complaint dated 28.01.2020 of Swarup Dattatray Mhatre
received from the office of the Hon'ble Principle Judge.
The Applicant in the complaint is neither party to the suit
nor had filed chamber summons for intervention. The
contents of the complaint cannot be considered. if
complainant is receiving any threat he can move to the
concern police station. Hence the complaint is filed.
F.R.S.R Following order is passed in Ch/s No.2159/19.
1. Ch/s No.2159/19 stands rejected
2. Cost in the cause.
F.R.S.R Following order is passed in N/M No.
No.1306/16.
1. N/M No.1306/16 stands rejected
2. Cost in the cause.
Court time is over adjourned for order on N/M
No.166/14
The matter is adjd for N/M Order to 11.02.2020.
Judge
30/01/2020
Reiw Petn
24/20 in
Dis of
7449/80
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Athavale for pltff present.
Issue notice to the none applicants.
Private service is allowed.
The matter is adjd for to 17.02.2020.
Judge
30/01/2020
SU 6970/76
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for hearing on Court receiver report to
07.03.2020.
Judge
-- 10 of 12 --
Noting : 30.01.2020 11 C. R. No. 01
30/01/2020
SU 2631/15
Exh.5
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sonkar for plaintiff present.
Adv. Vishal Lokhande for deft. present
Plaintiff and Defendant present.
Mediation report received @ the Consent Term.
Consent Term.
The parties are present @ their respective counsels. On
inquiry from the parties they admit that the matter is
settled and adhere to the terms of the consent term Exh.6.
The matter is settled between the parties through the
process of mediation. Hence it is expedient to pass
following order.
Order
1. Suit is Disposed off in terms of the consent term.
2. Consent term be part of decree.
3. decree drawn accordingly.
4. Court fees be refunded as per rules.
Judge
30/01/2020
SU 5386/03
Disp off
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Writ received from Hon'ble High Court @ Judgment in
first appeal no.101/2006.
R&P also received as per the direction Hon'ble High
Court, The office to take note that the suit S.C
No.5386/03 is restored to file and accordingly issue
notice to the parties to remain present before this court
for compliance of the direction of the Hon'ble High Court
to return the plaint to the original plaintiffs.
Notice returnable date.
Matter is adjd to 07.03.2020 for appearance of the parties
and compliance of the direction of the Hon'ble High
Court.
Judge
30/01/2020
SU 4219/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chandrashekar for pltff present.
Adv. Qureshi for deft no.5 present.
Court is busy in dictating orders, hence for want of time
adjd to 31.01.2020 for N/M Order.
-- 11 of 12 --
Noting : 30.01.2020 12 C. R. No. 01
Judge
Completed.
30/01/2020
SU 6085/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr.Rajguru adv.Mr.Mishra for plaintiff present.
None present for the deft.
Court is busy in dictating orders, hence for want of time,
adjd to 31.01.2020 for Judgment.
Judge
-- 12 of 12 --