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Bombay High CourtCAW/1360/2019

Namdar Shri. Sushilkumar Sambhaji Shinde Pratishthan Through Its Chairman v. The Jt. Charity Commissioner And ORS.

2019-07-31Hon'Ble Shri Justice A.S. Gadkari2 pages

VKS 27 CAW 1360 OF 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1360 OF 2019 IN WRIT PETITION NO. 12056 OF 2018 Namdar Shri. Sushilkumar Sambhaji Shinde Pratisthan ...

Applicant.

V/s.

The Joint Charity Commissioner and ors ...

Respondents ----- Mr. Sachin Kanse, i/by PRS Legal, for Applicant. Mr. S. D. Rayrikar, AGP for Respondent State Mr. Ratnesh Dube for respondent No.2.

CORAM : A.S. GADKARI, J.

DATE : 31st July 2019.

P.C. :

1] This is an application for substituted service upon respondent Nos. 5, 6 and 8, by way of paper publication.

2] Learned counsel for the applicant submitted that, the bailiff has given report stating that, the notices issued to respondent Nos. 5, 6 and 8 could not be served as they were not residing at the given addresses. The bailiff has therefore affixed notices on the said addresses. 1/2

VKS 27 CAW 1360 OF 2019.odt 3] In view thereof and for the reasons stated in the application, the applicant is permitted to serve the said unserved respondents by way of paper publication by publishing Notice in daily newspapers namely Navshakti (Marathi) and Free Press Journal (English), in their respective Mumbai editions.

4] The said notice be published within 8 weeks from today and after it is duly published, the applicant is directed to file affidavit of service in that behalf.

5] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2