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Bombay High CourtCAF/2859/2016allowed

Liberty Oil Mills Ltd. v. The Board Of Trustees Of The Port Of Mumbai And ANR.

2016-12-23Hon'Ble Shri Justice G. S. Kulkarni2 pages

pvr 1/2 7caf2859-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO. 2859 OF 2016 IN First Appeal NO. 973 OF 2015 Liberty Oil Mills Ltd.

...Appellant

Versus

The Board Of Trustees Of The Port Of Mumbai And Anr. ...Respondents Ms.Eventa A.Gonsalves, for the Appellant.

Ms.Apurva Thipsay i/b. M.V.Kini & Co., for Respondent No.1. --- CORAM :

G.S.KULKARNI, J.

DATE :

23 DECEMBER 2016 ORDER :

1.

Heard the learned Counsel for the Applicant. By this application the Applicant prays that Respondent No.2-Jagat Chemicals Pvt. Ltd. be permitted to be served by substituted service by publishing a notice in local newspaper 'Free Press Journal' and in Gujarati Language 'Navbharat Times'. The Applicant has stated that notices were issued to Respondent No.2 and they were returned as unserved with the Bailiff's remark that second Respondent was not found at the said address and he has shifted elsewhere.

pvr 2/2 7caf2859-16.doc 2.

Accordingly, considering the submissions as made in the Civil Application, this Civil Application is required to be allowed. It is accordingly allowed in terms of prayer clause (a). The Appellants shall take appropriate steps within a period of eight weeks from today. 3.

Civil Application is accordingly disposed of. (G.S.Kulkarni, J.)