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Bombay High CourtCAF/3222/2018allowed

B.E.S. And T. (Municipal Corporation Of Brihan Mumbai, Through Its General Manger,) v. Shri. Jitendra Manager Tiwari

2019-01-24Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3222 OF 2018 IN FIRST APPEAL ST. NO.12551 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Chaitali Kandare i/by Navdeep Vora Associates Present for Applicant.

CORAM : V.R. KACHARE REGISTRAR (JUDL - II) Date : 24th January, 2019 This matter is placed for substitute service by way of the Publication in Newspapers namely "Hamara Mahanagar" in Hindi and "Free Press Journal" in English.

Perused records. It appears that Notice issued through Bailiff to sole Respondent returned unserved with remark "Premises was not traced out and present person stated that said chawl was demolished".

Moreover, R.P.A.D. Notice issued to sole Respondent returned unserved with postal remark "Left".

The addresses mentioned in the above Notices are similar addresses mentioned in Appeal Memo and also in the Judgment of the Member, M.A.C.T. Mumbai.

This is sufficient to allow the application regarding substitute service of sole Respondent by way of Publication in Daily Newspapers namely "Hamara Mahanagar" in Hindi and "Free Press Journal" in English.

In view of this, Civil Application for Publication is allowed in terms of prayer clause (a), returnable by 6 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 24.01.19