Mr. Raman Maganlal Bohra v. H.D.F.C. Bank Ltd. And ANR.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2636 OF 2016 IN FIRST APPEAL NO.166 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present for Applicant.
Advocate for the Respondent No.1 Present.
CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 13th October, 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 No.2 is one and the same. The Notice issued to Respondent No.2 is received unserved with remark "want of full and detail address".
Respondent No.2 was Defendant No.2 in the proceedings before the City Civil Court, Mumbai and he was absent. Hence, it is evident that Respondent No.2 cannot be served by regular mode of service.
Hence, there is no other way to serve Respondent No.2 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 No.2 returnable after 8 weeks.
- sd/- Registrar (Judl.-II) dsm - R(J-II) - 13.10.16