M/S. Qaswa Construction Through Its Partner Mr. Salim Bilakhia v. Mohamed Zahir Shaikh Nasir And ORS.

YBG caf2110-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2110 of 2014 IN FIRST APPEAL NO.821 OF 2005 M/s.Qaswa Construction through its partner Salim Bilakhia ..

Applicant In the matter between:

Smt. Zaitan Wd/o. Alisher Imtiazkhan and Ors.

..

Appellants -VersusMohamed Zahir Shaikh Nasir and Ors.

..

Respondents Mr.Nirmay Dave with Priti Tare i/b. M/s.Bilawalla & Co. for applicant Mr.P.M.Shah with Ms.R.K.Vira with Mr.M.K.Tanna for appellants

CORAM

:

K.K.TATED, J.

DATE :

20th March 2015.

P.C.

1] Heard the learned Counsel for the parties. This application is preferred by applicants for substituted service on respondent Nos. 2(a) to 2(g) and respondent Nos. 2 and 9 to 17 under Order V Rule 20 of C.P.C.

YBG caf2110-14 2] Leave to amend granted. Amendments to be carried out during the course of the day.

3] Considering the submissions made by the learned Counsel for the applicants and the averments made in the civil application, I am satisfied that the applicant has made out case for allowing the civil application. Accordingly, the civil application is made absolute in terms of prayer clause (a), which reads thus:- (a) This Court be pleased to direct the office of this Court to issue the extract of the substance of the civil application and to permit the applicants to serve the civil application upon respondent Nos. 2 and 9 to 17 by substituted service by publication of the same in the English newspaper "Free Press Journal" and Urdu Newspaper "Urdu Times" at Mumbai."

( K.K.TATED, J.)