Shri. Prakash Babulal Mutha v. M/S. Siosa Enterprises, Through Partner, Arun Chandulal Oswal And ANR.

Dinesh Sherla 8-caw-1166-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1166 OF 2016 IN WRIT PETITION NO. 10257 OF 2012 Prakash B. Mutha ..Applicant vs.

M/s. Siosa Enterprises and anr.

..Respondents Mr. B.G. Ligade i/b Mr. D.S. Patil for the Applicant. Ms Seema Chopda a/w. T.R. Yadav for Respondent No.1. CORAM : M. S. SONAK, J.

DATE: 03 OCTOBER 2017 P.C :

1] Subject to payment of costs of Rs.5000/- within a period of two weeks from today, the civil application is made absolute in terms of prayer clauses (a) and (b).

2] For the purposes of substituted service, the returnable date shall be 11th December 2017. The applicant to file necessary affidavit of service along with copy of paper publication. If, no steps are taken to serve respondent No.2 by substituted service within a period of four weeks from today, the applicant shall not have benefit of this order and the writ petition shall stand dismissed as against respondent No.2.

3] The costs, if deposited, may be withdrawn by respondent No.1 unconditionally.

(M. S. SONAK, J.) 1/1