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NOTICE OF MOTION

Dipti Widow of late Jatin Thakkar and Anr.VsCanara Bank and Ors.

CNR MHCC0100106820208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 20th August 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100426/2020
Registration Date
28 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 30-01-2020
    Business: Court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Rohini Amin for the plaintiff.
    None for defendants.
    Advocate for the plaintiff filed registered N/M No.426/2020 along with affidavit in support. t.o.r.
    KB
    L.O.
    Adv. Rohini Amin for the plaintiff.
    Five draft NMs along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/Ms granted. N/Ms are made r/o 04/02/2021.
    Matter is adjd. to 04/02/2021 for tendering registered Nms/NM reply
    Next Purpose: REPLY
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. Nadumpara for plaintiff present and he tendered registered N/M 341/2021, 342/2021, 343/2021. 344/2021 and 345/2021.
    Adv. D\''Souza for Defendants no. 3 and 4 present.
    On oral request of the advocate for the plff.  Notice as well as summons be served to defendants nos. 8 to 11.
    Matter is adjd. to 11/02/2021 for reply, proof of service.
    Next Purpose: REPLY
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv. Ms. Mariya Nidumpara for the plaintiff.
    Adv. D\''souza for the defendants No.3 and 4.
    Plaint
    Vakalatnama
    Memorandum of address in plaint.
    List of documents in plaint.
    Vakalatnama filed by advocate for the defendants No.3 an4. t.o.r.
    Draft NM along with affidavit of support tendered by advocate for the defendants No.3 and 4. O-  Leave to register N/M is granted. N/M is made r/o 05/03/2021.
    Matter is adjd. to 05/03/2021 for tendering registered NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Mr. Nedumpara for the plaintiff.
    Adv. Ms.  for the defendant No.1.
    Adv. Mr. D\''souza for the defendants No.3 and 4.
     Adv. Shivani Kambhojkar for the defendant No.12.
    Vakalatnama filed by defendant No.12. t.o.r.
    Advocate for the defendants No. 3 and 4 tendered registered N/M No.613/2021 along with affidavit in support. t.o.r. and sought time to file registered NM taken out by defendant No.3. O- Time is granted.
    Matter is adjd. to 26/03/2021 for NM reply/tendering registered NM by defendant No.3.
    Next Purpose: REPLY
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 29/06/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Court  is on leave
    Next Purpose: REPLY
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Adv. Mariya for the plaintiff present.
    Adv. Mr. G. Jain for the defendant present.
    Advocate for defendant No.3 present and filed registered NM No.860/2021 alongwith affidavit in support. t.o.r.
    Matter is adjd. to 10/11/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 25.02.2022.
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Adv Sandhya Tiwari H/f Nadimpura for plaintiff present.
    Adv Saurabh Mandlik for defendant nos.3 and 4 present.
    Adv Gaurav Jain for defendant no.12 present.
    All Ld. advocates seek time to file reply. Time is granted.
    Matter is adjd. to 18.04.2022  for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None present for plaintiff.
    Adv M. S. Popkar present for defendant no. 03.
    Adv Gaurav Jain present for defendant no. 12 and he file reply affidavit NM no 343/2021.TOR
    He also tendered written statement of defendant no. 12. TOR marked exh 07.
    Matter adjourned for NM reply/hearing to 09.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: None present for plaintiff.
    Adv. Saurabh Mandlik present for defendant 01 and 03.
    Adv. Gaurav Jain present for defendant 12.
    From the record it appears that, in spite of just opportunity plaintiff has not filed reply to nm no. 860/2021 and 613/2021. Hence nm no. 860/2021 and nm no. 613/2021 be proceeded without reply of the plaintiff.
    Matter adjourned for hearing on nm no. 860/2021 and nm no. 613/2021 to 27/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: None present for plaintiff.
    Adv. Saurabh Mandlik present for defendant 01 and 03.
    Adv. Gaurav  Jain present for the defendant no. 09.
    As plaintiffs and their adv. are absent, Matter adjourned for dismissal order to 20/08/22.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: None present for plaintiff.
    Adv Wadhwa present for defendant no 09.
    Adv Saurabh Mandlik present for defendant no. 01 to 03.
    None present for other defendants.
    From the record it appears that, plaintiff and his Adv are absent since long and did not take steps to proceed further with the Notice of Motion and suit. Therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. As the suit is disposed off Notice of Motion no. 344/21, Notice of Motion no. 343/21, Notice of Motion no. 342/21, Notice of Motion no. 426/20,Notice of Motion no. 341/21, Notice of Motion no. 345/21, Notice of Motion no. 860/21, Notice of Motion no. 613/21 do not survive. Therefore, Notice of Motion no. 344/21, Notice of Motion no. 343/21, Notice of Motion no. 342/21, Notice of Motion no. 426/20, Notice of Motion no. 341/21, Notice of Motion no. 345/21, Notice of Motion no. 860/21 & Notice of Motion no. 613/21 are disposed off accordingly. Proceeding is closed.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 20-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101265/2020
    Filing Date: 28-01-2020
    First Hearing Date: 30th January 2020
    Decision Date: 20th August 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Aug 2022

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF Shri. K. P. Kshirsagar COURT 08 ADDL SESSIONS JUDGE Case No.: NOTICE OF MOTION / 100426 / 2020 CNR Number: MHCC010010682020 Dipti Widow of late Jatin Thakkar and Anr. Vs Canara Bank and Ors. Rohini Amin Advocate / Todays Date Roznama Next/Disposal Date 20-08-2022 None present for plaintiff. Adv Wadhwa present for defendant no 09. Adv Saurabh Mandlik present for defendant no. 01 to 03. None present for other…

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