Smt. Manekbanu Barakatali Hudda And ANR. v. Shri.Radhakrishna Shipping Private Limited And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14376 OF 2023 IN FIRST APPEAL (STAMP) NO. 1900 OF 2018 Office Notice Office Memoranda of Coram Appearances, Court's Orders or directions and Court's or Judge's Orders Registrar's orders Adv. Samyak Sadavarte i/by Adv. A.M.

Gokhale present for Applicant CORAM :- SHRI. H. M. BHOSALE I/C.

REGISTRAR (JUDL.-II) Dated :- 24th August, 2023 By this Interim Application, the Applicants have sought permission to serve Respondent No. 1 by way of substituted service as provided under Order V Rule 20 of the Code of Civil Procedure, 1908.

Having considered the prayer, the record is examined. The Bailiff, Civil Court, Silvassa vide his report dated 24.06.2019, informed that he had made an attempt to serve Notice upon Respondent no. 1.

However, it was informed to him that the said Respondent viz. Shri. Radhakrishna Shipping Pvt. Ltd. Co. is not working in the said premises from last 9 to 10 years and it's details are not available with the person to whom inquiry was made.

Therefore, the Notice was returned

unserved.

The Applicants contended that they do not have alternate address of Respondent No. 1 except the address as mentioned in the proceeding.

Having considered the report filed by the Bailiff coupled with the fact that the Applicants do not have the alternate address of Respondent No. 1, it would be just and proper to allow the service by way of substituted mode as provided under Order V Rule 20 of the Code of Civil Procedure, 1908.

In turn, the Interim Application No. 14376 of 2023 stands allowed in terms of prayer clause (a).

The Learned Advocate for the Appellant shall do the further compliance as per the procedure.

Sd/- I/C. Registrar (Judl. II) sat- R(J-II) - 02.01.2023