Champaklal Investment And Financial Consultancy Limited v. Vijaya Bank And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1848 OF 2016 IN FIRST APPEAL ST. NO.35687 OF 2013 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 5th August, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent Nos.3 and 4 is one and the same. The Notice issued to Respondent Nos.3 and 4 is received unserved with remark "Respondent Nos.3 and 4 have shifted at some where else since last 4 to 5 years and presently whereabout not known to him hence pasted". Hence, it is evident that Respondent Nos.3 and 4 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent Nos.3 and 4 except by way of Publication of Notice in local Newspapers as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (a). Issue Publication Notice to Respondent Nos.3 and 4, returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 05.08.16