Final Order 1

Order Details: Other
Pdf Text: Noting : 1 C. R. No. 01
23/11/2019
SU-6085/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mishra for plaintiff present.
Adv. Ajay Fernandes for defendant present.
Heard further arguments of Ld. Advocate for the
defendant. It appears that the Ld counsel for the plaintiff
submitted that senior counsel is not available and seeks
adjournment. Already last chance was granted on the
last date. It appears that the plaintiff is not interested in
arguing the matter. Hence put the case for dismissal
order.
Adjourned for dismissal of the suit to 7.12.2019.
Judge
22/11/2019
SU-7245/05
(Disp. of)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vivek G. Bhardu with adv. Shahzad M Panday for
proposed plaintiffs present.
Court is busy in other matters.
Adjourned for order on NM and CS to 28.11.2019.
Judge
21/11/2019
SU-2116/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in other matters.
Adjourned for order on NM to 7.12.2019.
Judge
23/11/2019
SU-1236/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Savithri for plaintiff present.
Adv. Agarwal for defendant no. 2 present.
Heard further arguments of Ld. Advocate for the plaintiff
and defendant no. 2.
Adjourned for judgment to 9.12.2019.
Judge
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Noting : 2 C. R. No. 01
23/11/2019
SU-733/15
Exh. 8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hatode for plaintiff present.
None present for defendants.
Issues framed by the court.
Adjourned for evidence of the plaintiff to 13.2.2020
Judge
23/11/2019
SU-1013/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Muhammed Iftikhar Ali for plaintiff present.
Adv. Mohnish Choudhary for defendant no. 1 present.
Defendant no. 1 tendered draft NM along with affidavit
and written statement. Leave is granted to register.
Heard Ld. counsel for the defendant no. 1 and plaintiffs
on draft NM.
Order on draft Notice of Motion
The counsel for the defendant no. 1 submitted that the
writ of summons without annexures was served upon on
defendant no. 1 on 1.9.2019. On 19.9.2019 the advocate
for the defendant no. 1 appeared in the matter and no
one from the side of the plaintiff appeared and the matter
was adjourned to 8.1.2019. On 14.1.2019 the advocate
for the defendant no. 1 pointed out while appearing in
the suit no. 731/18 that the plaintiffs have served writ of
summons without annextures therefore written statement
could not be filed. The plaintiffs served the annexures at
the office of the advocate for defendant no. 1 on
24.1.2019. As the defendant no. 1 was not keeping well
and therefore could not give instruction to his advocate
for preparing written statement. Thereafter defendant
no. 1 forgot to update his advocate. The defendant no. 1
was travelling for business and religious purpose
therefore lost the track of the matter. The defendant no. 1
therefore now wish to file written statement and there is
delay of 273 days for which he prayed for condoning it.
The Ld. Advocate for the plaintiff vehemently
opposed the present notice of motion on the count that
defendant no .1 has not made out sufficient cause for
delay. He would submit that delay is intentional and
deliberate. He would further submit that in order to
substantiate the statement in affidavit the defendant no.
1 has not filed any document
The reason assigned by the defendant no. 1 is
not supported by document. The reason assigned by the
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Noting : 3 C. R. No. 01
defendant no. 1 for delay does not appears to be
justifiable. Be that as it may, the defendant no. 1 wish to
participate in the proceeding. No doubt plaintiff has filed
his affidavit of examination in chief and compilation of
documents. The plaintiff is required to be compensated
by costs if the delay is condoned. Even otherwise there
should not be any hyper technical and pedantic approach
in dealing with such type of motion. No prejudice would
be caused to the plaintiffs if the written statement is
taken on record. In the interest of justice, 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) to (c) subject to costs of Rs. 5,000/- to
be paid by defendant no. 1 to the plaintiffs or their
advocate within a period of 2 weeks from today.
2. Payment of costs is subject precedent.
3. On payment of costs written statement of defendant
no.1 be taken on record.
4. Notice of Motion is disposed of accordingly and it be
registered for the statistical purpose.
_____________________________________________
Adjourned for issues to 20.2.2019.
Judge
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Noting : 4 C. R. No. 01
23/11/2019
SU-1526/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Muhammed Iftikhar Ali for plaintiffs present.
Adv. Mohanish Choudhari for defendant no. 1 present.
Defendant no. 1 tendered draft NM along with
supporting affidavit and written statement. Leave is
granted to register.
Heard Ld. counsel for the defendant no. 1 and plaintiffs
on draft NM.
Order on draft Notice of Motion
The counsel for the defendant no. 1 submitted that the
writ of summons without annexures was served upon
defendant no. 1 on 1.9.2018. On 16.10.2018 the
advocate for the defendant no. 1 appeared in the matter
and no one from the side of the plaintiff appeared and
the matter was adjourned to 13.11.2018. On 14.1.2019
the advocate for the defendant no.1 pointed out while
appearing in the suit no. 731/18 that the plaintiffs have
served writ of summons without annextures therefore
written statement could not be filed. The plaintiffs
served the annexures at the office of the advocate for
defendant no. 1 on 24.1.2019. As the defendant no. 1
was not keeping well and therefore could not give
instruction to his advocate for preparing written
statement. Thereafter defendant no. 1 forgot to update
his advocate. The defendant no. 1 was travelling for
business and religious purpose therefore lost the track of
the matter. The defendant no. 1 therefore now wish to
file written statement and there is delay of 273 days for
which he prayed for condoning it.
The Ld. Advocate for the plaintiff vehemently
opposed the present NM on the count that the defendant
No .1 has not made out sufficient cause for delay. He
would submit that delay is intentional an deliberate. He
would further submit that in order to substantiate the
statement in affidavit the defendant no. 1 has not filed
any document
The reason assigned by the defendant no. 1 is
not supported by document. The reason assigned by the
defendant no. 1 for delay does not appears to be
justifiable. Be that as it may, the defendant no. 1 wish to
participate in the proceeding. No doubt plaintiff has filed
his affidavit of examination in chief and compilation of
documents. The plaintiff is required to be compensated
by costs if the delay is condoned. Even otherwise there
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Noting : 5 C. R. No. 01
should not be any hyper technical and pedantic approach
in dealing with such type of motion. No prejudice would
be caused to the plaintiffs if the written statement is
taken on record. In the interest of justice, 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) to (c) subject to costs of Rs. 5,000/- to
be paid by defendant no. 1 to the plaintiffs or their
advocate within a period of 2 weeks from today.
2. Payment of costs is subject precedent.
3. On payment of costs written statement of defendant
no.1 be taken on record.
4. Notice of Motion is disposed of accordingly and it be
registered for the statistical purpose.
_____________________________________________
Adjourned for issues to 20.2.2019.
Judge
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Noting : 6 C. R. No. 01
23/11/2019
SU-1359/17
Exh. 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jamkhande h/f Adv. Kharatmol for plaintiff present.
Adv. Kinjal Upadhyay for defendant no. 5 present.
Application filed on behalf of plaintiff to change the
caption.
O- Heard. Considering the reason the order of dismissal
is called back.
Heard argument of Ld. Advocate for the plaintiff and
defendant no. 5 on NM.
Adjourned for order on NM to 25.11.2019.
Judge
23/11/2019
SU-1356/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jamkhande h/f Adv. Kharatmol for plaintiff present.
Adv. Kinjal Upadhyay for defendant no. 6 present.
Arguments on NM are heard in connected suit no.
1359/17.
Earlier order if any to continue till next date.
Adjourned for order on NM to 25.11.2019.
Judge
23/11/2019
SU-1357/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jamkhande h/f Adv. Kharatmol for plaintiff present.
Adv. Kinjal Upadhyay for defendant no. 3 present.
Arguments on NM are heard in connected suit no.
1359/17.
Earlier order if any to continue till next date.
Adjourned for order on NM to 25.11.2019.
Judge
23/11/2019
SU-1358/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jamkhande h/f Adv. Kharatmol for plaintiff present.
Arguments on NM are heard in connected suit no.
1359/17.
Earlier order if any to continue till next date.
Adjourned for order on NM to 25.11.2019.
Judge
23/11/2019
SU-2947/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Banarjee with Adv. Naved Chawdhary for plaintiff
present.
Adv. Kamble with Adv. Shah for defendant present.
Heard argument of Ld. advocate for the plaintiff and
defendant on chamber summons.
Adjourned for order on chamber summons to
25.11.2019.
******************* Judge
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Noting : 7 C. R. No. 01
23/11/2019
Commercial
suit no. 39/19
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shyam Horambe for plaintiff present.
Adv. Ruby Warkhat for defendant present.
FRSR following order is passed on Chamber Summons
no. 1765/2019
1. Chamber Summons No. 1765/2019 is made absolute
in terms of prayer clause (a).
2. Plaintiff to carry out necessary amendment within a
period of 14 days from today.
3. Chamber Summons is disposed of accordingly.
_________________________________________________
Defendant filed the application for stay of the order.
In the interest of justice the effect and operation of the
order is stayed for a period of seven days from today.
Adjourned for compliance to 17.12.2019.
Judge
23/11/2019
SU-2651/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed on Notice of Motion No.
1166/2017.
1. Notice of Motion No. 1166/2017 is dismissed.
2. Costs in the cause.
3. Notice of Motion is disposed of accordingly.
_________________________________________________
Adjourned for issues to 20.2.2019.
Judge
23/11/2019
M. A. 138/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for applicant.
Adv. Khati for respondent no. 9 present.
Court is busy in other matters.
Adjourned for order to 16.12.2019
Judge
23/11/2019
M. A. 139/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for applicant.
Adv. Khati for respondent no. 9 present.
Court is busy in other matters.
Adjourned for order to 16.12.2019
Judge
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Noting : 8 C. R. No. 01
23/11/2019
SU-1054/18
Exh. 5
Exh. 6
Exh. 7
Exh. 8
Exh. 7-A
Exh. 8-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kinjal Upadhyay for plaintiff present.
Heard argument of Ld. Advocate for the plaintiff on
admissibility of the documents.
The document at sr. no. 1 is original friendly loan
agreement and it is marked as exhibit accordingly. The
document at sr. no. 2 is office copy of the notice along
with original postal receipt. It is marked as exhibit
accordingly. The document at sr. nos. 3 and 4 are sealed
packet of envelopes. They are separately marked as
exhibit. The envelopes are opened and the letter is taken
out from each envelope.
Original friendly loan agreement executed between Mr.
Ibrahim Ahmed Choughule (deceased) and the plaintiffs.
Office copy of the letter addressed by advocate of the
plaintiffs to the defendants along with postal receipts.
Original unserved envelope packet.
Original unserved envelope packet.
Letter in the envelope (Exh. 7)
Letter in the envelope (Exh. 8)
Adjourned for further evidence of the plaintiff to
23.1.2020.
Judge
23/11/2019
SU-4634/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed
1. Suit is dismissed.
2. No order as to costs.
Judge
23/11/2019
M. A. 40/19 in
ABA
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Put the M. A. for dismissal
Adjourned for dismissal order to 7.12.2019.
Judge
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Noting : 9 C. R. No. 01
23/11/2019
SC-910/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Accused nos. 1 and 2 on bail present.
Adv. Ghadge for accused no. 1 present.
Adv. for accused no. 2 present.
Heard further argument of Ld. Advocate for the accused
no. 1 partly.
Adjourned for further argument of advocate for accused
no. 1 to 30.11.2019.
Judge
23/11/2019
Commercial
Suit no. 19/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mir for plaintiff present.
Adv. Palhade for defendant present.
The Ld. advocate seeks time to make statement of
defendant on admission and denial of the documents
filed by the plaintiff.
Adjourned for statement of defendant on admission and
denial of the documents filed by the plaintiff to
2.12.2019.
Judge
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Noting : 10 C. R. No. 01
23/11/2019
SU-6920/76
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for hearing on Court Receivers report to
30.1.2020
Judge
23/11/2019
EA-345/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed on Chamber Summons
No. 1266/2019
1. Chamber summons no. 1266/2019 is dismissed.
2. Chamber Summons is disposed of accordingly.
___________________________________________
Adjourned for hearing to 18.12.2019.
Judge
Completed.
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