Mahindra And Mahindra Financial Services Limited v. Mohd Habib Khan And ANR

32-N109-16.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 109 OF 2016 IN EXEUCTION APPLICATION NO. 2881 OF 2015 Mahindra and Mahindra Financial Services Ltd ...Applicant

Versus

Mohd Habib Khan & Anr

...Respondents

Mr Padmakar SG, i/b SG Legal & Associates, for the Applicant.

CORAM: G.S. PATEL, J DATED:

4th June 2018 PC:- 1.

There is an Affidavit of 15th December 2017 which states that the packet sent to Respondent No. 1 was returned with the remark "not known". As regards Respondent No. 2, the first endorsement was that he had been intimated, i.e. a communication had been left at his address that there was a packet addressed to him awaiting collection. The second intimation is on 28th November 2017 to the Respondent No. 2. It is difficult to make out what that endorsement actually is but it seems to say that Respondent No. 2 is unserved. 4th June 2018

32-N109-16.DOC 2.

The Claimant will have to take necessary steps to effect service and must do so by 3rd August 2018, failing which the Notice will stand dismissed without further reference to the Court. (G. S. PATEL, J) 4th June 2018