M/S. Indusind Bank Ltd. v. Abdul Khalik Shaikh Hamin And 2 ORS.

by JITENDRA SHANKAR NIJASURE Date: 2021.10.06 18:54:07 +0530 JITENDRA SHANKAR NIJASURE 20-n-841-2017.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION N0TICE NO.841 OF 2017 IN EXECUTION APPLICATION NO. 2129 OF 2014 Indusind Bank Ltd.

...Claimant

Versus

Abdul Khalikh Shaikh Hamid & Ors.

...Respondents

---------- Mr. Padmakar S. Garad, i/b. S.G. Legal & Associates for the Claimant.

None for the Respondents.

---------- CORAM :

R.I. CHAGLA J DATE :

4 OCTOBER, 2021 ORDER :

1.

The learned Counsel for the Claimant states that in compliance of order dated 5th November, 2019 by which the service had to be effected on Respondents, the service has been effected by RPAD upon Respondent Nos. 1 and 3 who have duly received the same and Respondent No.2's packet returned with remark 'unclaimed'. An Affdavit of Service dated 3rd December, 2019 to that effect is fled.

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20-n-841-2017.doc 2.

The learned Counsel for the Claimant accordingly submits that the notice be made absolute.

3.

In view of service having been effected on Respondent Nos.1 and 3 by RPAD and Respondent No.2's packet returned with remark 'unclaimed' dated 15th November, 2019 and an Affdavit of Service dated 3rd December, 2019 to that effect has been fled, the Notice No.841 of 2017 is made absolute against Respondents. The Claimant is at liberty to take out appropriate proceedings in the Execution Application No.2129 of 2016.

[R.I. CHAGLA J.] 2/2