Kailalsh Motor Finanace Ltd. v. Rama Automobiles

7 caw565-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.565 OF 2016 IN WRIT PETITION NO.7908 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.Hrishikesh Ambre i/b M/s.Pranali Sawant for the applicant CORAM : K. K. TATED, J.

DATE : AUGUST 3, 2016 P.C.:

Heard the learned counsel for the applicant.

This applicant is for substitute service for the respondent.

The learned counsel for the applicant submits that after obtaining address of the respondent from Registrar of Company's office, they tried to serve them by Registered Post A/D. He submits that Registered Post A/D packet also returned unserved with postal remark 'left'. He undertakes to place on record those envelopes along with affidavit of service. He submits that in view of these facts applicant may be permitted to serve the respondent by publication as per Order V Mohite 1/2

7 caw565-16 Rule 20 of the Code of Civil Procedure, 1908. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a) Applicant is permitted to serve the respondent by substitute service as per Order V Rule 20 of the Code of Civil Procedure, 1908 by publication in newspaper within 12 weeks from today.

b) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2