Vincent Gabriel Rebello And ORS. v. Shyamsunder Radheshyam Agarwal And ORS.

64-cas1785-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1785 OF 2016 IN SECOND APPEAL NO.382 OF 2016 Vincent G. Rebello & Ors.

...Applicants V/s.

Shyamsundar R. Agarwal & Ors.

...Respondents

Mr.Niranjan Shimpi for the Applicants.

Ms.A. Amin i/b Mr.Sandesh Patil for the Respondent No.1. Mr.O.V. Hingorani i/b Mr.Dushyant K. for the Respondent No.3. CORAM : R.D. DHANUKA, J.

DATE : 7TH DECEMBER, 2016.

P.C. :- 1.

By this civil application, the applicants seek permission to serve the respondent no.2 by substituted service of publication of notice in local newspaper described in prayer clause (a) and of the civil application.

2.

I have heard the learned counsel for the applicant and have perused the averments made in the civil application. The notices were sought to be served upon the respondent no.2 (original plaintiff no.2), but were returned unserved with remark "Insufficient address".

1/2

64-cas1785-16 3.

The applicants have thus made out a case of substituted service. The civil application is made absolute in terms of prayer clause (a) of the civil application. The applicants are directed to serve the respondent no.2 by substituted service of publication of notice within four weeks from today and shall file affidavit of service within two weeks from the date of service.

4.

No order as to costs.

(R.D. DHANUKA, J.) 2/2