Shri. Vishwanath Keshav Bibikar And ANR v. Shri Kisan Genba Thorat And ORS

kvm 1/2 4-CAP14.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 14 OF 2016 IN ARBITRATION PETITION NO. 33 OF 2015 Vishwanath Keshav Bibikar ..... Petitioner

VERSUS

Kisan Genba Thorat & Ors.

..... Respondents Mr.Sagar Joshi for the Applicant/Petitioner.

Mr.Pavan Patil for Respondent no. 26.

CORAM :

R.D. DHANUKA, J.

DATE :

5th AUGUST, 2016 P.C.

Learned counsel appearing for the applicant states that though several attempts were made by the applicant to serve respondent nos. 1 to 5, 14 and 18, these respondents could not be served. He submits that the court notice also could not be served upon the respondents and thus the applicant seeks permission to serve the respondent nos. 1 to 5, 14 and 18 by way of substituted service by publishing the notice in the newspaper 'Sakal' by circulation in the locality in which respondent nos. 1 to 5, 14 and 18 are last known to have actually and voluntarily resided.

2.

The statements made by the learned counsel for the applicant and made in the civil application are accepted.

3.

For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clause (a). The notice shall be published in the

kvm 2/2 4-CAP14.16 newspaper 'Sakal' within three weeks from today and affidavit of service shall be filed within one week from the date of publication of the notice in the newspaper as directed aforesaid. Civil application is disposed of in the aforesaid terms. No order as to costs.

4.

Place the Arbitration Petition No.33 of 2015 on board after six weeks. [R.D. DHANUKA, J.]