Andhra Bank v. Mr. Bhimrao Kisan Ovhal

sat 1/1 chs 791-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 791 OF 2016 IN SUIT NO. 461 OF 2015 Andhra Bank ...Plaintiff vs.

Mr.Bhimrao Kisan Ovhal ...Defendant Ms.Sharmika D. Karnik I/b. Law Focus for Plaintiff/Applicant. CORAM : S.C. GUPTE, J.

9 JUNE 2017 P.C. :

The Applicant has taken out the present chamber summons for grant of extension of time for substituted service of the writ of summons on the Defendant.

The Prothonotary & Senior Master of this court by an order dated 14 September 2015 had permitted the Plaintiff to serve the Defendant the writ of summons by way of substituted service with returnable date as 14 December 2015. The Plaintiff could not issue public notice of writ of summons in accordance with this order earlier. The reasons for its inability are stated in the affidavit in support of the chamber summons. The chamber summons is allowed in terms of prayer clauses (a) and (b). The Plaintiff is permitted to serve writ of summons on the Defendant with substituted service by publishing an extract of the writ of summons in two local newspapers, one in English and other in Marathi, circulating in Pune. The returnable date to be communicated, shall be 28 July 2017. (S.C. Gupte, J.)