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SUIT - SHORT CAUSE CIVIL SUIT

Natarajan Proprietor of M/s. Thangamman Knit GarmentsVsThe South Indian Bank Ltd. +7 more

CNR MHCC0100716120198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th February 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102455/2019
Registration Date
09 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 26 · Order 1 · Rule 1

    Case History / Proceedings

    Case History
    Date: 30-09-2019
    Business: None present  for the Plaintiff.
    Adv. Rajesh Dubey for Defendant-3, 4, 4a present and he undertakes to file Vakalatnama on next date.
    Adv Mr. Anirudha Lad I/b Peni Joseph law office for Defendant-1 and 2 present.
    Already tendered Vakalatnama of the Plaintiff.
    Already tendered Address memo of the Plaintiff.
    Vakalatnama tendered by Defendant-1 and 2. t.o.r. O-filed.
    Matter is adjd. to 10.02.2020 for proof of service of writ of summons to Defendant-5, 6, 7/ WS by Defendant-1, 3, 4, 4a.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: None present  for plaintiff.
    Adv. Aniruddha lad for defendant no.1 and 2 is present. On his request matter is KB for tendering WS.
    KB
    L.O.at   04.00 pm
    Same appearance by adv. of defendant no. 1 and 2. He filed WS. TOR
    Matter is adjd.  for  N/M service/ draft issues to 15/04/2020.
    lo at 04.15 PM
    Adv. Rajesh Dubey for defendant no.3 is present. He seeks extension of time to register N/M. O granted.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None for plaintiff.
    Adv. Mr. Rajesh Dubey  for the defendant no.3.
    He prays for extension of time to register draft Notice of Motion. Leave granted.
    Matter is adjd. to 23/03/2021 for tendering registered NM.
    L.O.
    Adv. Anurdh Lad for the defendants No. 1 and 2.
    Matter is already adjd. to 23/03/2021 for tendering registered NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Rajawaleja for plaintiff
    Adv. L. Singh for defendants No.1 and 2.
    Adv. Dubey for defendant No.3, 3(a) and 4.
    Advocate for the  defendant No.3, 3(a) and 4 tendered registered N/M No.469/2021 along with affidavit in support. t.o.r.
    Matter is adjd. to 11/06/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: None for plaintiff present.
    Adv. Mahesh Gavkar for defendants No.1 and 2 present.
    Matter is adjd. to 08/09/2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is on leave.,
    Next Purpose: REPLY
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Court is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 18-03-2022
    
    Date: 18-03-2022
    Business: Adjourned due to Holiday
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Adv. Sandhya present  for plaintiff.
    Adv. Gaurav yadav present for defendant 01 and 02.
    Adv. Shraddha Aggrawal present for defendant 03 and 04 and 04A and tendered pursis, t.o.r marked as Exh. 08. Plaintiff to take note.
    As per request of plaintiff, Matter adjourned for nm reply to 01/04/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: None present  for plaintiff.
    Adv. Gaurav present for defendant 01 and 02.
    Adv. Shraddha present for defendant  03, 04 and 04 A.
    As plaintiff and his adv. are absent, Matter adjourned as a last chance for reply to nm no. 469/2021 to 16/06/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: None present for plaintiff.
    Adv. Gaurav present for defendant 01 and 02.
    Adv. Sharddha agrawal present for defendant 03, 04 and 04A.
    As plaintiff and his adv. are absent, and failed to file reply to the nm no. 469/2021. Hence, nm no. 469, 2021 be proceeded without reply of the plaintiff.
    Matter adjourned for nm hrg. to 27/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Neha Mishra present for plaintiff and sought adjournment for filling reply.
    None present for defendants.
    Matter adjourned for nm hearing to 18/08/22.
    l.o. at 04.13 pm
    Adv. Ashraf Qureshi present for defendant no. 01 and 02.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Sue motu matter taken on Board.
    There appear elements of settlement. Therefore, matter be
    kept in upcoming lok-adalat dt. 13/08/22.
    Issue Notice of lok adalat to the Parties.
    Matter is adjd. For lok-adalat on 13/08/22.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: None present.  Matter not settled.
    Matter is adjd to 18.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv.Hemali Merwad for plaintiff present and sought adjournment.
    Adv.Shraddha Agarwal for defendant no.3,4 and 4A.
    Adv.Gaurav Yadav for defendant on.1 and 2 present.
    Matter adjourned for N/M Hearing to 22.09.2022 .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: None present for plaintiff.
    Adv. Gaurav yadav present for defendant 01 and 02.
    Adv. Shraddha Agrawal present for defendant no. 03, 04 and 04A. Heard arguments ld adv. For defendant 03, 04 and 04A on nm no. 469/2021.
    As plaintiff and his adv. are absent,
    Matter adjourned for arguments of plaintiff if any/order on nm no. 469/21 to 06/10/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: None present for plaintiff.
    Adv. Gaurav Yadav present for defendant Nos.1 and 2.
    None present for other defendants.
    As Plaintiff and their advocate are absent. They could not be heard on NM No. 469 of 2021.
    Matter adjourned for order on NM No. 469 of 2021 to
    17-10-2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: None present for plaintiff.
    Adv. Pallavi kamat present for defendant 01 and 02.
    Adv. Pushapa Thapa present for defendant no .03.
    F.R.S.R. following order is passed on Notice Of Motion No. 469/2021.
    1) Notice of Motion No. 469/2021 is made absolute.
    2) Written Statement of defendant no. 03, 04 and 04A be taken on record if tendered on or before next date.
    3) Notice of Motion No. 469/2021 is disposed off accordingly.
    Written Statement of defendant no. 03, 04 and 04A is taken on
    record and marked as Exh. 08
    Authenticated copy of Roznama be given to both the parties if
    requested.
    Matter adjourned for issues to 19/11/22.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None present for plaintiff.
    None present for defendant.
    As court is busy in dictating order on cs 1806/21 in suit no. SU 1585/2012 and on cs. no. 607/2022 in suit no. 1586/2012 and on nm no. 2770/2011 in suit no. 2505/2011.  Hence,
    Matter adjourned for issues to 07/12/22.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: None present for plaintiff.
    Adv Pooja Datish Kumar I/b B.J. Law Offices LLP present for defendant nos. 01 & 02.
    None present for other defendants.
    As court is busy in dictating order in NM no. 810/2017.
    Matter adjourned for Issues to 12.01.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: None present for plaintiff
    Adv Ritesh Hegde present for defendant no. 01.
    Adv Rajesh Surve present for defendant nos. 03 & 03A and submitted that plaintiff has already paid the outstanding amount and bank has issued no due certificate and therefore suit does not survive.
    None present for other defendants.
    As the plaintiff and his adv are absent.
    Matter adjourned for hearing on issues to 30.01.2023.
    Next Purpose: HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: None present for plaintiff.
    Adv. Ritesh Hegde present for defendant no. 01 and 02.
    None present for other defendants.
    As plaintiff is absent since long, matter is kept for hearing,  Matter adjourned for dismissal order to 18-02-23.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: None present for plaintiff.
    Adv. Namrata Tripathi present for defendant no. 01 and 02.
    None present for other defendants.
    kb.
    l.o. at 03.50 pm.
    None present for plaintiff.
    From the record it appears that, plaintiff and his advocate are absent since long and did not take steps to proceed further with the suit and  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. Proceeding is closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107657/2019
    Filing Date: 11-07-2019
    First Hearing Date: 30th September 2019
    Decision Date: 18th February 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Feb 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :SUIT/0102455/2019
    Natarajan Proprietor of M/s. Thangamman Knit Garments Vs The South Indian Bank Ltd.
    Date : 18-02-2023
    Business : None present for plaintiff. Adv. Namrata Tripathi present
    for defendant no. 01 and 02. None present for other
    defendants. kb. l.o. at 03.50 pm. None present for plaintiff.
    From the record it appears that, plaintiff and his advocate
    are absent since long and did not take steps to proceed
    further with the suit and 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. Proceeding is closed.
    Nature of Disposal : DISMISSED
    Disposal Date : 18-02-2023
    COURT 08 ADDL SESSIONS JUDGE
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