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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

2

For Respondent

Parties

2

Acts & Sections

1
Protection 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During the argument advocate for Plaintiff withdrawn the draft NM.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: 12-11-2021

Additional 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

1
Final Order 1
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
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