Hybrid Financial Services Ltd v. M/S. Elbee Services Ltd And ORS

5-ALP-147-2014.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.147 OF 2014 Hybrid Financial Services Ltd.

] (formerly known as Mafatlal ] Finance Co. Ltd.) ] Applicant Vs.

M/s. Elbee Services Ltd and others.

] Respondents .....

Mr. A.B. Seth i/b R.V. Pillai, for the Applicant. Mr. S.V. Gavand, A.P.P, for the Respondent No.3-State. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 17TH DECEMBER, 2019.

P.C:

Learned Counsel for the applicant has drawn my attention to the postal envelopes addressed to the respondents No.1 and 2 which came to be returned with an endorsement as "left". It is submitted that even publication made in the local Newspaper which is annexed along with an affidavit of the Registered Clerk of Advocate dated 13th December, 2019 indicates due service upon the respondents No.1 and 2.

2.

It is significant in the light of the fact that the statutory notice came to be served upon the respondents No.1 and 2

5-ALP-147-2014.odt on the same address. Thus, the respondents No.1 and 2 have been duly served.

3.

Despite calls, none present for the respondents No.1 and 2.

4.

Registry is directed to register the appeal and place it on admission board.

5.

Liberty to the applicant to amend the Memo of Appeal and also to furnish complete set of notes of evidence, if any. Amendment shall be carried out within four weeks. 6.

S.O to 21st January, 2020.

[PRITHVIRAJ K. CHAVAN, J.]