Nashik Merchants' Co-Op Bank Ltd v. M/S Mehta Trading Company Throgh Its Proprietor Shri Mehata Jeevan Poonamchand And ORS

1/2 7.CARST.18956-17.doc [Nashik v Mehta]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION [ST.] NO.18956 OF 2017 IN ARBITRATION APPEAL NO.6 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.N.M. Pujari i/b. P.N. Joshi, Advocate for the Applicant.

CORAM : R. G. KETKAR, J.

DATE : 07/07/2017 P.C.:

1.

Not on board. At the request of Mr.Pujari taken up in the production board.

2.

Heard Mr.N.M. Pujari, learned Counsel for the applicant.

3.

By this application, the applicant has prayed for recalling order dated 17.3.2017 passed by the Registrar (Judicial-II) in Arbitration Appeal No.6/2013 thereby restoring the appeal to the file. The applicant has also prayed for permission to publish the notice in the newspapers Times of India and Gujarat Samachar for effecting service on respondents No.1 and 5.

4.

Mr.Pujari has invited my attention to paragraph-7 of the application and submitted

2/2 7.CARST.18956-17.doc [Nashik v Mehta] that the last known address of respondents No.1 and 5 known to the applicant was in Gujarat. Upon instructions, he states that Times of India and Gujarat Samachar are widely circulated newspapers in the locality where respondents No.1 and 5 are residing and/or carrying on business.

5.

In view thereof and for the reasons stated in the application, Civil Application is allowed in terms of prayer clauses (a) and (b). The applicant shall publish notice in Times of India and Gujarat Samachar and place the extracts of these newspapers along with affidavit on the record of this Court.

6.

Civil Application is disposed of accordingly.

(R. G. KETKAR, J.) Deshmane(PS)