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Bombay High CourtCAF/752/2016allowed

Mr. Subhash Baban Jagtap v. M/S. S.S. Patil And Sons And ORS.

2016-10-24Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

15 CAF 752 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.752 OF 2016 IN FIRST APPEAL NO.971 OF 2010 Subhash Jagtap .... Applicant V/s.

M/s S.S. Patil and Sons and ors .... Respondents Mr. D.D. Shinde, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24TH OCTOBER, 2016.

P.C. :

1.

This application is seeking for substituted service of notice on respondent Nos. 1 & 2. It is submitted that service of notice on respondent Nos. 1 & 2 could not be effected through Court. It is submitted that notices were sent by R.P.A.D. to respondent Nos. 1 & 2. Respondent No.1 was given intimation, but he has not accepted notice; whereas acknowledgement of notice sent to respondent No.2, has not been received.

2.

In view thereof, this application for substitute service is allowed by publication in the daily newspaper namely "Prabhat" Pune 1/2

15 CAF 752 OF 2016.doc Edition, which is widely circulated in the area where respondents live. 3.

The applicant to deposit necessary charges for publication. 4.

Notice is made returnable on 25.01.2017.

[DR. SHALINI PHANSALKAR JOSHI, J.] 2/2