Krishnan Gopala Vishwanath v. Maratha Sahakari Bank Ltd. And 9 ORS.
31.IA.2147.21 in COMS.1364.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 2147 OF 2021 IN COMMERCIAL SUIT NO. 1364 OF 2018 Krishnan Gopala Vishwanath ...
Applicant/Plaintiff
Versus
Maratha Sahakari Bank Ltd. & Ors. ... Defendants Mr. Dhananjay Deshmukh i/b Garfield Mendonca for the Applicant/Plaintiff.
CORAM : R.I. CHAGLA, J.
DATED : 10th APRIL, 2023.
ORDER :
By this Interim Application the Applicant/Plaintiff has sought substituted service on Defendant Nos.2 to 9 of writ of summons and copy of Plaint. Defendant Nos.1 and 10 have been served. The Applicant has stated that an attempt was made to serve Defendant Nos.2 to 9 with writ of summons and copy of Plaint but the same has been returned with the remarks mentioned in the tabular form at paragraph 3 of the Interim Application. Thus, service has not been effected. The Applicant has placed reliance upon the tracking reports Waghmare 1/2
31.IA.2147.21 in COMS.1364.18.doc evidencing the attempted service on these Defendants which is at ExhibitB to the Interim Application. Accordingly, the present Interim Application has been filed for leave to serve the writ of summons by way of publication in a daily newspaper. Having perused the averments in the Interim Application as well as taking note of the fact that though service on Defendant Nos.2 to 9 was attempted, the service was unsuccessful. This is borne out from the tracking reports annexed as Exhibit B to the Interim Application. The relief sought of substituted service requires to be granted. Hence, the following order :
i) The Applicant/Plaintiff is permitted to serve writ of summons and copy of Plaint on Defendant Nos.2 to 9 by way of substituted service by publishing the summons in two newspapers, one in Free Press Journal (in English language) and the other in Navashakti (in Marathi language) within a period of three weeks from the date of this order. ii) Interim Application is accordingly disposed of. by WAISHALI SUSHIL WAGHMARE Date:
2023.04.12 10:26:35 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2