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SUIT - SHORT CAUSE CIVIL SUIT

Jaylon Impex India Pvt. Ltd. +2 moreVsIndian Overseas Bank

CNR MHCC01013708201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 03rd December 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100462/2020
Registration Date
07 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 38

    Case History / Proceedings

    Case History
    Date: 28-02-2020
    Business: Advocate for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Plaintiff is directed to serve writ of summons and Notice of Motion upon Defendants.
    Case is adjourned to 21/03/2020 for service of writ of summons and Notice of Motion.
    Next Purpose: SERVICE
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 01/07/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 01-07-2020
    
    Date: 01-07-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Business: Due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 16/02/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv Ms. Charu Sharma for the plff present and seeks adjournment.
    Adv Mr. Namawati appeared and gave oral undertaking that he will file V.P. on behalf of deft on next date.
    By consent, matter is adjd. for filing affidavit of service of writ of summons, for tendering registered NM in the Court by the plff and for reply of deft to 29.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Devnar for plaintiff present.
    Adv. Khushboo Agrawal for defendant present and again sought time to file VP on behalf of defendant. Adv. for the plaintiff seeks time to tender registered NM No.1018/2020. Time granted till next date. Adv. for plaintiff seeks extended time to serve writ of summons. Time extended till next date.
    Matter adjd for filing affidavit of service on 14/12/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv Mr. Harshawardhan More for plff present and tendered registered NM No.1018/2020 alongwith affidavit in support.
    None present for deft.
    Adv for plff seeks time to file affidavit of service.
    Matter is adjd. for filing affidavit of service to 23.02.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv Divya Myana h/f Adv Fatima Lakdawla present for plff.  and seeks time to file affidavit of service.
    Adv Prachi Kolambe present for deft. and submitted that copy of plaint is not served on deft.
    Matter is adjd. for affidavit of service to 15.07.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: None present for plaintiff.
    Adv.Prachi Kolambekar i/b.Thodur Associates for deft.No.1 and 2 present.
    No compliance of service affidavit. Keep for order against plaintiff.
    Matter adjd to 16.09.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-09-2022
    
    Date: 15-07-2022
    Business: None present for plaintiff.
    Adv.Prachi Kolambekar i/b.Thodur Associates for deft.No.1 and 2 present.
    No compliance of service affidavit. Keep for order against plaintiff.
    Matter adjd to 16.09.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: None present for deft.
    Adv.Rupa Shelke h/f.Adv.Pravin Desai for plaintiff present. She filed application for withdrawal of appearance t.o.r. O-Read the application. Perused the annexures. Withdrawal of appearance is allowed. Plaintiff is absent. Keep for further orders.
    Matter adjd to 03.12.2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 03-12-2022
    
    Date: 16-09-2022
    Business: None present for deft.
    Adv.Rupa Shelke h/f.Adv.Pravin Desai for plaintiff present. She filed application for withdrawal of appearance t.o.r. O-Read the application. Perused the annexures. Withdrawal of appearance is allowed. Plaintiff is absent. Keep for further orders.
    Matter adjd to 03.12.2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: None present for plaintiff.
    Adv.Akhila Valsan i/b.M/s.Thodur Law Associates for deft No.1 and 2 present.
    Plaint, Exh.1
    Vakalatnama, Exh.2
    Memorandum of registered address, Exh.3
    List of documents, Exh.4
    VP of Adv.for deft.No.3 already filed is exhibited as Exh.5.
    VP of Adv.for deft.No.1 and 2 already filed is exhibited as Exh.6.
    Read the roznama dated 16.09.2022, the plaintiff\''s advocate had filed application for withdrawal of appearance. Same has been allowed. It was remained to be marked as exhibit. It is exhibited today as Exh.7.
    ORDER BELOW EXH.1
    The plaintiff\''s advocate has filed application for withdrawal of appearance Exh.7. Same has been allowed. It shows that plaintiffs were informed about said fact. The copy of acknowledgment card attached with Exh.7 shows that the plaintiff\''s have received the intimation about withdrawal of appearance. Inspite of same the plaintiff\''s remained absent. Today also nobody appeared for the plaintiff, hence, I pass the following order.
    ORDER
    1. Suit is dismissed for default.
    2. Parties to bear their own costs.
    ORDER IN NM NO.1018/20
    By today\''s order suit is dismissed for default, hence, motion does not survive further. In the result I pass following order.
    ORDER
    1. Notice of Motion No.1018/2020 is dismissed.
    2. Parties to bear their own costs.
    Nature Of Disposal: DISMISSED
    Disposal Date: 03-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113824/2019
    Filing Date: 12-12-2019
    First Hearing Date: 28th February 2020
    Decision Date: 03rd December 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Dec 2022

    Order Details: Other Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0100462/2020 Jaylon Impex India Pvt. Ltd. Vs Indian Overseas Bank Date : 03-12-2022 Business : None present for plaintiff. Adv.Akhila Valsan i/b.M/s.Thodur Law Associates for deft No.1 and 2 present. Plaint, Exh.1 Vakalatnama, Exh.2 Memorandum of registered address, Exh.3 List of documents, Exh.4 VP of Adv.for deft.No.3 already filed is exhibited as Exh.5. VP of Adv.for deft.No.1 and 2 already filed is exhibited as…

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