M/S. Spenta Housing Corporation v. Shobha Balu Thaval And ANR

Pvr 5caa514-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO. 514 OF 2016 IN Appeal from Order NO. 317 OF 2013 M/s. Spenta Housing Corporation ...Appellant/Applicant

Versus

1.Shobha Balu Thaval And Anr

...Respondents

Ms.Sonal Awasthi i/b. Vinod Mistry & Co., for the Applicant. Ms.Sonali Jadhav h/f. Mr.Kamlesh Ghumre, for the Respondents.

CORAM:

G. S. KULKARNI, J.

DATED:

22nd April, 2016 ­­­ PC:­ 1.

The applicant ­ M/s.Spenta Housing Corporation has filed this Civil Application praying that the Applicant be permitted to serve Respondent No.1 by substituted service by pasting of notice at the last known address of Respondent No.1 by bailiff and has also prayed for hamdast service.

2.

It is stated that by order dated 18 April 2013 passed by this Court, notice was issued to the Respondent No.1. It is stated that report of the bailiff records that Respondent No.1 had shifted to his earlier

Pvr 5caa514-16.doc residential address and thereafter, it is stated that new address of Respondent No.1 is not known.

3.

Considering the averments as made in the Civil Application, it would be in the interest of justice that the Civil Application is allowed in terms of prayer clause (a) permitting substituted service. In addition to the substituted service, the Applicant shall also give a public notice of these proceedings in two local newspapers. An affidavit of such publication be filed on the record of this Court within a period of six weeks from today.

4.

The Civil Application is allowed in the aforesaid terms. No order as to costs.

(G. S. KULKARNI,J.)