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NOTICE OF MOTION

Tushar Fabrics Pvt. Ltd.VsAlfiza Garments

CNR MHCC01003143202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 09th March 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101121/2020
Registration Date
13 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Tushar Fabrics Pvt. Ltd.

Respondent

  1. 1Alfiza Garments

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-07-2020

Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 12.10.2020 for service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 28/10/20
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to  06/11/2020 for service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  25/11/ 2020 for  service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 19.12.2020 for services.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 15/01/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Adv.Hitesh Soni for plaintiff present.
None present for defendant.
Registered notice of motion No.39/2020 a/w. NM 1121/2020 not tendered, matter adjourned against plaintiff.
Matter adjd to 22.02.2021 for notice of motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None present for plaintiff.
None present for defendant.
Notice of motion not tendered.
Matter adjd to 04.03.2021 for order against plaintiff.
LO
Adv.Hitesh Soni for plaintiff present.
Adv. of plaintiff filed registered NM No.1121/20 a/w. affidavit in support of registered NM No.1121/2020 t.o.r.
Original summons to answer plaint filed by Adv. of plaintiff t.o.r.
Matter adjd to 04.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Hitesh Soni for plaintiff present.
None for defendant present.
The plaintiff has filed affidavit of service of summons. Exh.
The defendant not served.
Plaintiff file application Exh.04 for issuance of summons.
Order below Exh.04 - Issue fresh suit summons to the defendant and also issue the notice of notice of motion 1121/2020.
Matter adjd to 05/03/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Inadvertantly, the suit is posted on 05.03.2021 instead of 05.04.2021. Put up on 05.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: SERVICE
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021.  Hence, Matter is adjd to  07.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO
Same appearance.
Matter adjd to 30.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.54 am
None present.
Matter adjd to 22.09.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 4.10 p.m.
None present.
Read the roznama dtd.04.03.2021. Fresh suit summons and notice of NM No.1121/20 was ordered. Thereafter the plaintiff remained absent and failed to file service affidavit in that regard. Today also the plaintiff is absent.
Matter adjd to 04.10.2021 for service affidavit/order against the plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: None present for plaintiff.
None present for defendant.
Plaintiff failed to take steps.
Matter adjd to 16.10.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: 16.10.2021 is holiday declared.
Next Purpose: ORDER
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Wrongly on board. Already adjd to 10.11.2021
Next Purpose: ORDER
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.44 pm,
None present.
Matter adjd to 01.12.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.04 pm,
None present.
Matter adjd to 07.02.2022 for order against pltff.
Next Purpose: ORDER
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per circular dated 27/2022 holiday declared.
Next Purpose: ORDER
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.20 pm,
None present.
KB
LO at 02.54 pm,
None present.
ORDER BELOW NOTICE OF MOTION NO.1121/2020
This notice of motion is taken out by the plaintiff for issuing direction against the defendant to furnish bank guarantee or to deposit the amount of Rs.22,24,484/-. The plaintiff failed to proceed with these notice of motion.  The plaintiff also failed to file service affidavit in the suit for service of suit summons. It appears that the plaintiff is not interested to proceed with this notice of motion. Hence, I pass the following order.
ORDER
1. Notice of Motion No.1121/2020 is dismissed.
2. Parties to bear their own costs.
Nature Of Disposal: DISMISSED
Disposal Date: 09-03-2022

Additional Case Details

Additional Case Details
Filing Number: 103457/2020
Filing Date: 13-03-2020
First Hearing Date: 27th March 2020
Decision Date: 09th March 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
09 Mar 2022
Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101121/2020
Tushar Fabrics Pvt. Ltd. Vs Alfiza Garments
Date : 09032022
Business : None present for plaintiff. None present for defendant. KB
LO at 12.20 pm, None present. KB LO at 02.54 pm, None
present. ORDER BELOW NOTICE OF MOTION
NO.1121/2020 This notice of motion is taken out by the
plaintiff for issuing direction against the defendant to
furnish bank guarantee or to deposit the amount of
Rs.22,24,484/. The plaintiff failed to proceed with these
notice of motion. The plaintiff also failed to file service
affidavit in the suit for service of suit summons. It appears
that the plaintiff is not interested to proceed with this notice
of motion. Hence, I pass the following order. ORDER 1.
Notice of Motion No.1121/2020 is dismissed. 2. Parties to
bear their own costs.
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