Commercial Suit
Tushar Fabrics Pvt. Ltd.VsJ.K. Jeans
CNR MHCC01013498201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 12th November 2021
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100036/2020
- Registration Date
- 20 Jan 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 37
Case History / Proceedings
Case History
Date: 18-02-2020
Business: Nobody present when called at 11.05 am.
Kb
later on at 2.55 pm
Nobody present
Adjd for taking steps to 03/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Called at 11.20.a m.
Nobody present.
K.B.
Adv. for Plaintiff filed draft NM. After reading the prayer in the Notice of Motion advocate for Plaintiff is directed to argue the maintainability of Notice of Motion to grant leave as the prayer in the Notice of Motion is similar to the prayer in the Plaint. In the Notice of Motion there is no contention that the relief is urgent relief under Order 38 Rule 5 of CPC.
During the argument advocate for Plaintiff withdrawn the draft NM.
Advocate for Plaintiff requested to extend the service of Writ of Summons to the Defendant. Extension to serve the Writ of Summons to Defendant granted as last chance.
The Defendants are residence of Delhi. Hence, the suit is adjourned in the month of April.
Matter adj. to 23/04/2020 for Report/Affidavit of Service.
Next Purpose: REPORT
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Next Purpose: REPORT
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: National Lockdown
Next Purpose: REPORT
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: REPORT
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: REPORT
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 04.02.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 11-03-2021 for affidavit of service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv.Mr. Hitesh Soni for plaintiff present.
None for defendant.
Exh.2- Affidavit of service submitted by plff., wherein it is endorsed by the postal dept. that deft is not found.
Exh.3- Application submitted by the plff. for fresh writ of summons- Allowed.
Matter is adjd.to 15.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 05.07.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None for plaintiff.
The plaintiff is directed to reissue writ of summons to the defendants failing which necessary order will be passed on the next date of hearing.
Matter is adjd.to 16-09-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Both parties are absent when matter is called out.
Matter is adjd.to 12-11-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None for plaintiff.
In this suit, the plaintiff and his adv. are absent since long. No steps are taken for service of writ of summons upon the defendant. Hence, Commercial Suit No. 36/20 is dismissed in default under Order IX Rule 2 of the C.P.C..
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 12-11-2021Additional Case Details
Additional Case Details
Filing Number: 114301/2019 Filing Date: 21-12-2019 First Hearing Date: 18th February 2020 Decision Date: 12th November 2021 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 112 Nov 2021
12 Nov 2021
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100036/2020 Tushar Fabrics Pvt. Ltd. Vs J.K. Jeans Date : 12-11-2021 Business : None for plaintiff. In this suit, the plaintiff and his adv. are absent since long. No steps are taken for service of writ of summons upon the defendant. Hence, Commercial Suit No. 36/20 is dismissed in default under Order IX Rule 2 of the C.P.C.. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 12-11-2021 COURT 31 ADDL SESSIONS JUDGE -- 1 of 1 --
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