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Bombay High CourtIA/2966/2022disposed off

Royal Synthetics Through Power Of Attorney Irfan Khan v. Ergo Foam Through Partner Nizar Ahammed And Imbi Chammo

2023-07-14Hon'Ble Shri Justice Manish Pitale2 pages

6_IA_2966_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2966 OF 2022 IN COMMERCIAL SUIT NO. 155 OF 2020 Royal Synthetics, Through POA Irfan Khan ...

Applicant/Plaintiff vs.

Ergo Foam, Through Partners Nizar Ahammed & Imbi Chammo ...

Respondent/Defendant Mr. Shubham Mishra a/w. Mr. Pranesh for applicant/plaintiff. CORAM : MANISH PITALE, J DATE : 14th JULY, 2023 P.C. :

.

By this application, the applicant/plaintiff is seeking permission to serve writ of summons upon the defendant, by way of substituted service by publication in two local daily newspapers having circulation in Wyanad, Kerala.

2.

It is stated in the application that when the writ of summons was sought to be served, the same was returned to the office of the Sheriff, with the remark "Office closed. Intimation posted. Present address not known." 3.

Hence, the present application has been moved for service of writ of summons by way of substituted service.

4.

This Court is convinced that sufficient grounds are made out for PRIYA KAMBLI allowing prayers made in the present application. by PRIYA KAMBLI Date: 2023.07.15 11:01:06 +0530 1/2

6_IA_2966_22.doc 5.

Accordingly, the application is allowed. The applicant/plaintiff is allowed to serve the writ of summons on defendant by way of substituted service i.e. by publication in two local daily newspapers viz. Business Standard (English) and Mangalam Diary (Malayalam), having circulation in Wyanad, Kerala.

6.

The applicant/plaintiff to place on record the proof of such publication within four weeks from today.

(MANISH PITALE, J) Priya Kambli 2/2