Allcargo Logistics Ltd. Formerly Known As (Allcargo Movers(India) Pvt. Ltd. v. Mr. Dhanesh B. Jain And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.18392 OF 2019 IN FIRST APPEAL NO.417 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Nirav Barot I/b Maneksha and Sehtna for the applicant Mr.Naresh Ratnani I/b Ashwin Ankhad and Associate for the respondent no.1 CORAM : K. K. TATED, J DATE : JULY 5, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking permission to serve unserved Respondents i.e. Respondent nos.2, 3 and 4 by substitute service as per Order V Rule 20 of the Code of Civil Procedure, 1908 by publishing in news paper.

Considering the submissions made by the 1/3

learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

A) Civil Application is allowed in terms of prayer clause (a) and (b) which reads thus:

"(a) that the Appellant/Applicant be granted leave to serve the copy of captioned First Appeal upon Respondent No.2, by way of substituted service i.e. by way of news paper publication in Daily Nation and The Standard newspaper circulating in the locality in which the Respondent No.2 is last known to have its registered office."

"(b) that the Appellant/Applicant be granted leave to serve the copy of captioned First Appeal upon Respondent No.3 and 4 by way of substituted service i.e. by way of news paper publication in Mauritus Times and Sunday Times newspaper circulating in the locality in which the Respondent No.3 and 4 is last known to have its registered office."

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B) Applicant to file an Affidavit of service on or before 31.08.2019, failing which the First Appeal shall stand dismissed without further reference to the court.

C) Matter to appear on board on 9.9.2019 for direction.

(K.K.TATED, J.) 3/3