Mangesh Tukaram Bagave v. State Bank Of India Through Chief Manager Retail Assets Credit Processing Centre And ORS
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1735 OF 2022 IN WRIT PETITION NO. 2689 OF 2020 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders Mr. Dadhichi S. Mhaispurkar, Advocate for the Applicant/Petitioner is present.
CORAM : V. R. KACHARE REGISTRAR (JUDL-I) Date : 21st March 2022 Mr Dadhichi S. Mhaispurkar, learned Advocate for the Petitioner is present.
None present for the Respondents.
Advocate for the petitioner submits that the Respondent No. 2 is borrower and intentionally avoiding service of notice to keep away from the proceedings. He has drawn my attention towards that the fact that even in the Trial Court, the Respondent No. 2 was served through paper publication only. He further submits that notice forwarded privately through speed post was returned with endorsement "LEFT". He has filed xerox copy of the returned envelope showing the said remarks. This is nothing but to avoid service of notice. Therefore, there is no option but to serve the Respondent No. 2 by substituted services through paper publication as prayed for in the Interim Application.
I have gone through the records, it appears that the Respondent No. 2 namely Mr. Deepak D. Tawade who was the Defendant No. 2 in the Special Civil Suit No. 204 of 2016 was served through paper publication only. Further, private notice sent by Advocate for the Applicant/petitioner returned with remarks 'LEFT'. The documents annexed with the petition show address of the Respondent No. 2 which is mentioned in the petition itself. Thus, I find substance in the application to allow substituted service to serve the Respondent No. 2 through paper publication.
Accordingly Interim Application is hereby allowed.
The petitioner is permitted to serve the Respondent No. 2 by way of substituted services through paper publication in a Local Newspaper "Thane Vaibhav".
The petitioner is hereby directed to comply with this order within two days.
Returnable within three weeks from today, i.e., 12th April 2022.
Sd/- REGISTRAR (JUDL-I)