Bombay High CourtCAF/4138/2016allowed

The Abhyudaya Co-Operative Bank Ltd., v. M/S.Punamchand Brijlal Rawal And Co.,And ORS.

2016-09-28Registrar(Judicial Ii Fa)1 pages

FARAD CONTINUATION SH EET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4138 OF 2016 IN FIRST APPEAL NO.1097 OF 1996 Office notes, Office Memorandum of Coram, appearance, Court's order or directions and Registrar's orders Court's or Judge's order.

CORAM : A.N. MARE.

REGISTRAR (JUDLII) Date : 28/09/2016 None present.

Perusal of proceeding reveals that respondent No.4 was defendant No.4 in the suit before City Civil Court. The address of respondent No.4 is same through out the proceeding. The notice of First Appeal issued to respondent No.4 is returned unserved by the bailiff has "left".

In such circumstances, there appears no other alternative than to serve the respondent No.4 by adopting the mode of substituted service. Hence, C.A. is allowed in terms of Prayer Clause A.

sd/ REGISTRAR (JUDL.II)