M/S. A Guddu Construction Company And ORS. v. Applena Joseph D'Souza And ORS.

1 CANST 17086-15.doc-NOB TOB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO.17086 OF 2015 IN CONTEMPT PETITION NO.414 OF 2012 IN WRIT PETITION NO.1812 OF 2001 M/s. A. Guddu Construction Company ] ... Applicant In the matter between :

M/s. A. Guddu Construction Company ] and Ors.

] ... Petitioner

Versus

Applena Joseph D'Souza and Ors.

] ... Respondents Mr. J. Reis, Senior Advocate, a/w Mr. Abhijeet A. Joshi for Applicants. Mr. J. Shekhar for Respondent Nos. 1 and 7 to 9. CORAM :- M. S. SONAK, J.

DATE :- JULY 07, 2015 P. C. :- 1.

Not on board, taken on board.

2.

Considering that several efforts have been made for service upon Respondent Nos.2, 4, 6 and 10, leave is granted for URS

2 CANST 17086-15.doc-NOB TOB substituted service in terms of prayer clauses (a) and (b) of the Civil Application. This is in the context of notice as to why contempt proceeding should not be initiated against the said Respondents. If ultimately, this Court comes to the conclusion that prima-facie case of contempt has been made out, then this Court can, at such stage, consider further alternate modes of service, in case, the said Respondents do not appear.

3.

For the moment therefore, Civil Application is granted in terms of prayer clauses (a) and (b).

4.

Place the Contempt Petition for further consideration on 19/08/2015. The Petitioners to file Affidavit of service at least a week in advance.

5.

Civil Application is disposed of accordingly. (M. S. SONAK, J.) URS