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SUIT - SHORT CAUSE CIVIL SUIT

Shri Satish Jamnadas DattaniVsNutan Dye Works +4 more

CNR MHCC0100461720181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th October 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101109/2018
Registration Date
18 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Petitioner

    1. 1Shri Satish Jamnadas Dattani

    Respondent

    1. 1Nutan Dye Works
    2. 2Neelkamal Velvets
    3. 3Popular Velvets
    4. 4National Velvets
    5. 5Nutan Velvets

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-06-2018
Business: None present for the plaintiff.
The plaintiff has failed to file service affidavit.
Matter adjd to 10.07.2018 for service affidavit or for dismissal order.
Next Purpose: SERVICE
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 20-08-2018

Date: 20-08-2018
Business: Adv. Mr. Pravesh Gupta for the Plaintiff present.
Affidavit of service tendered by the plaintiff. t.o.r.
Service is not completed.
Matter is adjd. to 20.10.2018 for steps by the plff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2018

Date: 20-10-2018
Business: Adv. Ms. Geeta Boudh for the Plaintiff present.
None present for the deft.
Adv for the plaintiff seeks adjournment. Granted as a last chance.
Matter is adjd. to 15.12.2018 for steps by the plff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2018

Date: 15-12-2018
Business: Adv. Mr. Geeta Boudh for the Plaintiff present.
Already filed Vakalatnama of the plff.
Already filed memorandum of address of the plff.
Adv for the plaintiff seeks adjournment for taking further steps. Granted as a last chance.
Matter is adjd. to 18.02.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Resumed.
Adv. Geeta Boudh h/f Adv. Lulia for plaintiff filed affidavit in support of application for publication.
Adv. Geeta submits that as per joint affidavit of service dtd. 27.06.2018, none of the defendants found at the address mentioned in the plaint.  She also submits that the same address was written in the agreement dtd. 16.01.1982.  She prays for service by publication in news paper.  Considering submissions the plaintiff is permitted to publish the summons in daily free press Journal and daily Navshakti, in addition to sending the summons by registered post r/o 10.04.2019.
Adjd for report of service to 10.04.2019.
Next Purpose: REPORT
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Resumed.
Adv. Akshay Kale for plaintiff is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Application for extension of time to serve the summons by publications.  O- Allowed.
Adjd for report to 22.07.2019.
Next Purpose: REPORT
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: None present for plaintiff and defendants.
Adjourned for filing affidavit of service of writ of summons to 25.9.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: None present.
Adjourned for affidavit of service to 26.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: None present on behalf of the pltff.
The plff has not filed proof of writ of summons and the affidavit in support of service. Plff. to take steps to serve Writ of summons  to the defendants.
Matter is adjd to 02.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None present for plaintiff.
Plaintiff has not filed affidavit of service.  Since long, matter is pending for compliance by the plaintiff and plaintiff failed to serve the defts.  Put case for dismissal.
The matter is adjd for dismissal to 05.05.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 05.01.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present.
The matter is adjd for dismissal to 17.03.2021.
LO at 2.45
Advocate Mr. Gita Boddh for the plaintiff present.
Application filed by the plaintiff for removing the matter from the caption of dismissal order.
Order below Exh. 7.
Read application. In the interest of justice, application is allowed and the order dtd 2.03.2020 for dismissal of the suit is called back.
Ld Counsel for the plff tendered service affidavit.  From service affidavit, it appears that the deft nos. 1 to 5 are not duly served. Plaintiff to take steps for service of writ of summons to the defendants.
Matter is adjd to 17.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Geeta Boudh for plaintiff present.
None for deft.
Service affidavit filed by counsel for plaintiff. T.O.R.
It appears that the paper publication was made on 10.05.2019 in respect of appearance of defendants in the Court on 22.07.2019.  The affidavit of service is filed after more than one year and eight months. In these circumstances, it would not be appropriate to pass any order against the defendants. Plaintiff to serve the defendants either by bailiff or by paper publication.
The matter is adjd for affidavit of service to 15.06.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 19/07/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 22.09.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: None present.
Keep the matter for dismissal.
Matter adjd for dismissal on 10.01.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: By Praecipe.
NOB.TOB.
Adv. Swapnil Kadam for plaintiff is present.
Adv.for plaintiff has filed an application t.o.r marked as Exh. 8. O- Perused the application. Heard. Considering the reasons mentioned, the caption of dismissal is remove and plaintiff to comply with  publication of writ of summons in newspaper on directed on 17.03.2021. Application Exh.8 is allowed and disposed of accordingly.
Matter already adjd to 10.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: As per Office Order No. \''07of 2022\'', only urgent matter is to be taken up for hearing, hence this matter is adjourned to  24/03/2022 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: None present.
Matter is adjd to 21/07/2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present for plaintiff and defendant.
Matter adjd to 15.10.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None present for plaintiff and defendant.
It reveals that the matter is for effecting writ of summons on defendants. The matter is instituted on 19.04.2018. However till date the plaintiff failed to effect service of writ of summons on defendants. The matter is kept under the caption of dismissal since 21.07.2022. Today also none present for the plaintiff when the matter is called. It reveals that the plaintiff has lost his interest in the matter. Hence, suit stands dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105023/2018
Filing Date: 06-04-2018
First Hearing Date: 06th June 2018
Decision Date: 15th October 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    15 Oct 2022
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :SUIT/0101109/2018
Shri Satish Jamnadas Dattani Vs 1. Nutan Dye Works 2. Neelkamal Velvets 3. Popular
Velvets
Date : 15102022
Business : None present for plaintiff and defendant. It reveals
that the matter is for effecting writ of summons on
defendants. The matter is instituted on 19.04.2018.
However till date the plaintiff failed to effect
service of writ of summons on defendants. The
matter is kept under the caption of dismissal since
21.07.2022. Today also none present for the
plaintiff when the matter is called. It reveals that
the plaintiff has lost his interest in the matter.
Hence, suit stands dismissed in default.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 15102022
COURT 01 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    15 Oct 2022
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :SUIT/0101109/2018
Shri Satish Jamnadas Dattani Vs 1. Nutan Dye Works 2. Neelkamal Velvets 3. Popular
Velvets
Date : 15102022
Business : None present for plaintiff and defendant. It reveals
that the matter is for effecting writ of summons on
defendants. The matter is instituted on 19.04.2018.
However till date the plaintiff failed to effect
service of writ of summons on defendants. The
matter is kept under the caption of dismissal since
21.07.2022. Today also none present for the
plaintiff when the matter is called. It reveals that
the plaintiff has lost his interest in the matter.
Hence, suit stands dismissed in default.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 15102022
COURT 01 ADDL SESSIONS JUDGE
-- 1 of 1 --

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