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Bombay High CourtCAC/112/2016

The New Indian Assurance Co. Ltd., v. M/S. Duplex Industries Limited

2016-06-30Hon'Ble Shri Justice K.K. Tated2 pages

4 cac 112-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 112 OF 2015 IN CIVIL REVISION APPLICATION NO. 7 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Asim Vidhyarthi for the Applicant.

CORAM : K. K. TATED, J.

DATED : 30/06/2016 P.C.:

.

Heard learned Counsel for the applicant.

This application is for substitute service on respondent as per Order V Rule 20 of Code of Civil Procedure, 1908. The learned counsel for the applicant filed additional affidavit dated 29.06.2016 in support of Civil Application. Same is taken on record.

The learned counsel for the applicant submits that they tried to find out the present correct address of respondent company. He submits that they also searched on the website of Ministry of Corporate Affairs, where registered address of the respondent company shows the same. To that effect he relies on extract from website of Ministry of Corporate Affair Exh.B on page 20 in additional affidavit.

Sneha Chavan 1/2

4 cac 112-15=.doc Considering the submissions made by the learned counsel for the applicant, additional affidavit dated 29.06.2016 and as no one is ready to provide the correct address of respondent company, I am satisfied that applicant has made out case for allowing the Civil Application.

Hence, following order is passed:

i) Civil Application is allowed in terms of prayer clauses (a) and (b) which read thus:

"a) Fresh notice be issued against the respondent permitting the same to be served in 2 local newspapers.

b) This Hon'ble Court may permit publication of notice in the local vernacular Newspaper in "Lokmat" and English Newspaper "Free Press Journal" which is being circulated in the area where the respondent is last known to have resided." ii) Publication to be made within twelve weeks from today.

iii) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2