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NOTICE OF MOTION

Sanjivani Suresh Thanekar And Ors - Suit St. No.16996 of 2018VsThe Commissioner, Income Tax Department Thane And Ors

CNR MHCC0100163720198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 06th June 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100638/2019
Registration Date
13 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Sanjivani Suresh Thanekar And Ors - Suit St. No.16996 of 2018

    Respondent

    1. 1The Commissioner, Income Tax Department Thane And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Adjd
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2019

Date: 09-08-2019
Business: Adjd
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: None present  for the Plaintiff.
The Plaintiff has failed to adduce proof regarding service of writ of summons to Defendant-1 to 3
KB at 2.45p.m
The Court is busy in hearing arguments in SU No. 9835/99 and precipe matters, hence matter is adjd. to 16.01.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: None for Plaintiff and defendant. Matter is adjd. for proof of service of defendant no. 1 to 3 to 19/03/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: matter adjd to 09-07-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. to 05.03.2021 for Service.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: None present.
Last chance is granted for filing proof of service of summons.
Matter is adjd. to 28/04/2021 for filing proof of service of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: due to covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Adv. Ms. Sarooj Ghadgil for the plaintiffs present.
None for defendants.
Plaint.
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
Vakalatnama filed by advocate for the plaintiff. It is t.o.r.
Matter is adjd. to 03/08/2021 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Mr. Dias for plaintiff present.
None for defendants.
Ld. Advocate for the plaintiff submitted that they want to withdraw the suit and requested short date.
Matter is adjd. to 26/08/2021 for withdraw of suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: court is on leave
Next Purpose: WITHDRAWAL
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Plaintiffs present.
Adv. Mr. Preston Dias for plaintiffs present.
None for defendants.
Advocate for the plaintiffs filed application for withdraw of the suit unconditionally.
Today, Plaintiff No.1 Sanjivini Thanekar, Plaintiff No.2 Dhrupada @ Usha Nishikant Mandavikar, Plaintiff No.3 Janavi Naqva and Plaintiff No.6 Sunil Hule are present before the Court, on perusal of record it appears that the suit is filed by Power of Attorney, Suit has been signed by Samir Girish Ray i.e. Power of Attorney of all plaintiffs. Now the plaintiffs orally submitted that Power of Attorney is cancelled. Oral submission of cancellation of Power of Attorney is not accepted. It is necessary to produce relevant document regarding cancellation of  Power of Attorney. Though today, plaintiff are personally present through advocate, but they have not signed the suit at the time of filing it. The suit is signed by Power of Attorney. However, all plaintiffs are not present before the Court. The plaintiffs who are present before the Corut, submitted that they do no want to proceed with the suit. They have produced self attested copy of Aadhar-Card. The advocate present before the Court has verified them.  Therefore, considering the nature of the suit the remaining plaintiffs to remained present before the Court for verification alongwith documents to show that the Power of Attorney is cancelled.
Matter is adj. to 11/10/2021 for withdraw.
Next Purpose: WITHDRAWAL
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv. Mr. Premnath Krishnan for the plaintiffs present.
None for defendants.
Plaintiff No.7 Shri. Krushula Vijay Vasaikar is present before the Court. She submitted that she do not want to proceed with the suit.  She submitted that the Power of Attorney in fevour of Samir Ray is cancelled by way of Notice Published in Newspaper. Today the plaintiff has produced pursis alongwith copy of date of publication notice to show that the Power of Attorney is cancelled. This plaintiff is identified the advocate present before the Court. Therefore, matter is adjourned for verification of other plaintiffs on 25/10/2021.
Next Purpose: WITHDRAWAL
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Mr. Sameer Rehamwalr for plaintiff present.
None for defendants.
Matter is adjd. to 18/11/2021 for withdrawal of suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present.
As Court is busy in argument in NM 4869/19 in SU 2390/13. Hence, board is discharged.
Matter is adjd. to 10.01.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: None present.
Matter is adjd. to 11.04.2022 for NM.
Next Purpose: WITHDRAWAL
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: None present for plaintiff. None present for defendant. As plaintiff and their advocate are absent, Matter adjourned for dismissal order to 06/06/22.
Next Purpose: DISMISSAL
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. Dias present for plaintiff and submitted that, application for withdrawing the present suit be allowed.
Adv. for plaintiff submitted that, plaintiffs are withdrawing the suit unconditionally and suit be disposed off as withdrawn unconditionally.
Adv. Mangesh Palte present for defendant no. 04.
Order- Perused the application and record. From the application, it appears that, plaintiffs want to withdraw the suit unconditionally. Plaintiffs are master of their case. Therefore, permission to withdraw the suit unconditionally as prayed is granted.
     Advocate of plaintiffs Shri Dias submitted to dispose off the suit as withdrawn unconditionally. Hence, suit is disposed off as withdrawn unconditionally. As the suit is disposed off NM no. 638/2019 does not survive, therefore, nm no. 638/2019  is disposed off accordingly. Court fees as per rules be refunded to the plaintiff if any. Proceeding is closed.
Nature Of Disposal: OTHERWISE
Disposal Date: 06-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101861/2019
Filing Date: 13-02-2019
First Hearing Date: 15th February 2019
Decision Date: 06th June 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Jun 2022
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100638/2019
Sanjivani Suresh Thanekar And Ors - Suit St. No.16996 of 2018 Vs The Commissioner, Income
Tax Department Thane And Ors
Date : 06-06-2022
Business : Adv. Dias present for plaintiff and submitted that,
application for withdrawing the present suit be allowed.
Adv. for plaintiff submitted that, plaintiffs are withdrawing
the suit unconditionally and suit be disposed off as
withdrawn unconditionally. Adv. Mangesh Palte present for
defendant no. 04. Order- Perused the application and record.
From the application, it appears that, plaintiffs want to
withdraw the suit unconditionally. Plaintiffs are master of
their case. Therefore, permission to withdraw the suit
unconditionally as prayed is granted. Advocate of plaintiffs
Shri Dias submitted to dispose off the suit as withdrawn
unconditionally. Hence, suit is disposed off as withdrawn
unconditionally. As the suit is disposed off NM no.
638/2019 does not survive, therefore, nm no. 638/2019 is
disposed off accordingly. Court fees as per rules be refunded
to the plaintiff if any. Proceeding is closed.
Nature of Disposal : OTHERWISE
Disposal Date : 06-06-2022
COURT 08 ADDL SESSIONS JUDGE
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