Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. NO.132/Misc/2018
Swati Vs. Sudhakar
ORDER
The applicant is present with her advocate. The advocate of
respondent is also present. The applicant stated that the respondent has
cleared the arrears of maintenance. She filed pursis to that effect. The
purpose of the proceeding is accomplished. Hence, disposed off.
Case papers be filed.
Sd/
Metropolitan Magistrate,
Date:10.10.2019 71 st Court, Bandra, Mumbai.
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C. C. NO.15/N/2019
Ajay Vs. State
ORDER BELOW EXH.1
1. Today, the notice cases are listed for argument and order.
The advocate Anjali Patil for the applicant is present. Advocate Amanjyot
Anand representing accused Yatish Pichchadia and Vishal Shriwastav
appeared and stated that copy of this application be served on him. He
moved application to that effect. Advocate of the applicant strongly
opposed it. She submitted that the accused have been served in jail and
they have filed their reply. As the Advocate for the applicant made such
statement, the record of the notice cases were given to her to point out
the reply filed by respondent/accused. Then, she stated that notice is
refused by the accused and his advocate has also been served with notice.
2. It was then pointed out to advocate Anand that the accused
whom he is representing are not arrayed as respondents and there is no
intervention application as well. In order to satisfy the locus of accused
Yatish Pichchadia and Vishal Shriwastav who moved application for
serving copy of the application for return of property, I was going
through the record of the notice cases. The advocate of the applicant
started raising voice on advocate Anand that his father had appeared in
the matter, he is well aware of it and it is nothing but delaying tactics on
his part. Both the advocates entered into heated argument. They were
given understanding to clam down. Adv. Anand apologised for it.
However, Advocate of the applicant continued speaking in high note and
making allegations against Advocate Anand. Advocate Anand also replied
to her and stated that he wants to address the court. Both the advocates
were not in a mood to listen to the direction to lower their voice and to
calm down. Their raised voice started gathering attention of the crowd
outside and they started coming inside the court hall. Thus, they were
requested to settle their grievances and address the court thereafter
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calmly. Inspite of that Advocate of the applicant continued shouting and
alleging. The working of the court was getting disturbed and it became
difficult to maintain the decorum of the court. Thus, both the Advocates
were directed to appear at 3.00 p.m. after cooling down to address the
court. Advocate Anand again apoligised and started leaving. Advocate
for the applicant then again started shouting and making allegation
against the court. She stated that court is considering Advocate of the
accused as he is local advocate. She further stated that this is not the
way in which trial is conducted. She uttered words 'I have not seen a
judge like you'. She also said that only one line order has to be passed in
the notice cases. She was warned that her conduct will be recorded as
she is exceeding her limits. Inspite of that she continued shouting in the
court. She said that she is also officer of the court and she will make an
affidavit and make complaint against me.
3. The Advocate of the applicant made serious allegations in
open court. Hence, it is necessary to record her conduct. She is hereby
warned that her conduct is against the norms of behaviour and sufficient
to invite action for contempt of court. In view of the said episode it will
not be proper on my part to adjudicate upon these notice cases now.
Metropolitan Magistrate,
Date:16032019 71 st Court, Bandra, Mumbai.
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C. C. NO.16/N/2019
Kiran Vs. State
ORDER BELOW EXH.1
1. Today, the notice cases are listed for argument and order.
The advocate Anjali Patil for the applicant is present. Advocate Amanjyot
Anand representing accused Yatish Pichchadia and Vishal Shriwastav
appeared and stated that copy of this application be served on him. He
moved application to that effect. Advocate of the applicant strongly
opposed it. She submitted that the accused have been served in jail and
they have filed their reply. As the Advocate for the applicant made such
statement, the record of the notice cases were given to her to point out
the reply filed by respondent/accused. Then, she stated that notice is
refused by the accused and his advocate has also been served with notice.
2. It was then pointed out to advocate Anand that the accused
whom he is representing are not arrayed as respondents and there is no
intervention application as well. In order to satisfy the locus of accused
Yatish Pichchadia and Vishal Shriwastav who moved application for
serving copy of the application for return of property, I was going
through the record of the notice cases. The advocate of the applicant
started raising voice on advocate Anand that his father had appeared in
the matter, he is well aware of it and it is nothing but delaying tactics on
his part. Both the advocates entered into heated argument. They were
given understanding to clam down. Adv. Anand apologised for it.
However, Advocate of the applicant continued speaking in high note and
making allegations against Advocate Anand. Advocate Anand also replied
to her and stated that he wants to address the court. Both the advocates
were not in a mood to listen to the direction to lower their voice and to
calm down. Their raised voice started gathering attention of the crowd
outside and they started coming inside the court hall. Thus, they were
requested to settle their grievances and address the court thereafter
-- 4 of 5 --
calmly. Inspite of that Advocate of the applicant continued shouting and
alleging. The working of the court was getting disturbed and it became
difficult to maintain the decorum of the court. Thus, both the Advocates
were directed to appear at 3.00 p.m. after cooling down to address the
court. Advocate Anand again apoligised and started leaving. Advocate
for the applicant then again started shouting and making allegation
against the court. She stated that court is considering Advocate of the
accused as he is local advocate. She further stated that this is not the
way in which trial is conducted. She uttered words 'I have not seen a
judge like you'. She also said that only one line order has to be passed in
the notice cases. She was warned that her conduct will be recorded as
she is exceeding her limits. Inspite of that she continued shouting in the
court. She said that she is also officer of the court and she will make an
affidavit and make complaint against me.
3. The Advocate of the applicant made serious allegations in
open court. Hence, it is necessary to record her conduct. She is hereby
warned that her conduct is against the norms of behaviour and sufficient
to invite action for contempt of court. In view of the said episode it will
not be proper on my part to adjudicate upon these notice cases now.
Metropolitan Magistrate,
Date: 16 03201 9 71st Court, Bandra, Mumbai.
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