The Board Of Trustees Of The Port Of Mumbai, v. Ganges Lines (India) Pvt. Ltd.,

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2078 OF 2018 IN FIRST APPEAL ST. NO.31241 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Vishal Kurtukade h/f. Motiwalla & Co. Present for Appellant.

CORAM : V.R. KACHARE REGISTRAR (JUDL - II) Date : 13th February, 2019 This matter has placed for substitute service by way of the Publication in Newspapers namely "Free Press Journal"

and "Navshakti".

Perused records. It appears that Notice issued through Bailiff to sole Respondent returned unserved with remark "Not found and as per enquiry said Respondent No.1 left the premises since long back and present whereabout not known to him, hence pasted on door".

Notice issued to sole Respondent on second address returned unserved with Bailiff remark "Not found and as per enquiry said Respondent No.1 left the premises since long back and present whereabout not known to him, hence pasted on outer door".

Moreover, R.P.A.D. Notice issued to sole Respondent returned unserved on second address with postal remark "Closed".

R.P.A.D Notice issued to sole Respondent on first address on 18/07/2018 is awaited.

The addresses mentioned in above Notices are similar with addresses mentioned in Appeal Memo and also in Judgment of the Lower Court of Judge, City Civil Court, Greater Mumbai.

This is sufficient to allow the application regarding substitute service of sole Respondent by way of Publication in Daily Newspapers "Free Press Journal" and "Navshakti".

In view of this, Civil Application for Publication is allowed in terms of prayer clause (a), returnable by 6 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 13.02.19