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Bombay High CourtIA/891/2022allowed

M/S. Nanabhoy Jeejeebhoy Pvt.Ltd. v. Badrinath Tiwari

2022-02-24Shri. D.S. Deshmukh,Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.891 OF 2022 IN FIRST APPEAL ST. NO.1654 OF 2017 Office Notice Office Memoranda of Coram Appearances, Court's Orders or directions Court's or Judge's Order and Registrar's orders Adv. Mohan Salian h/f MGS Legal present for Applicant.

None present for Respondent.

CORAM : D.S. DESHMUKH REGISTRAR (JUDL.-II) Date : 24th FEBRUARY 2022 This matter has been placed for Substitute Service by way of the Publication in newspapers viz. "Free Press Journal" in English & "Navashakti" in Marathi.

Perused records. It appears that notice issued through Bailiff to Sole Respondent returned unserved with remark "said Respondent nor his address could not be traced out".

Moreover, Adv. for Applicant has filed Joint Affidavit of Proof of Service witrh remark "Not Found".

...........2/-

- 2 - The addresses mentioned in above notices are similar addresses mentioned in Appeal Memo and also in Judgment of the Lower Court.

This is sufficient to allow the application regarding Substitute Service of Sole Respondent by way of Publication in daily newspaper.

In view of this, Civil Application for Publication is allowed in terms of Prayer Clause (a). Returnable by 6 weeks.

Sd/- for Registrar (Judl-II) ppg - R(J-II) - 24.02.2022