Apex Techno Polymer Pvt Ltd v. Parakh Kapoor

12-ia-3363-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3363 OF 2022 IN COMMERCIAL SUMMARY SUIT NO. 129 OF 2021 Apex Techno Polymer Pvt. Ltd.

...Applicant In the matter between Apex Techno Polymer Pvt. Ltd.

...Plaintiff Vs.

Parakh Kapoor ...Defendant --- Mr. Sanjeev S. Hariakar for Applicant/Org. Plaintiff. --- CORAM : ARIF S. DOCTOR, J.

th April, 2023 DATE : 5 P.C. :

1.

The present Interim Application seeks leave of the Court to permit the Applicant to effect the service of the Writ of Summons through newspapers by an advertisement in two local newspaper. Since, the Writ of Summons issued to the Defendant through registered A.D. has been returned undelivered with the postal remarks "insufficient address".

2.

Learned Counsel appearing on behalf of the Applicant states that despite due and diligent search the Applicant could not find any alternate address of the Defendant, and thus the present Interim Application is being filed A.B.Kakde 1/2

12-ia-3363-2022.doc by the Applicant.

3.

I have heard learned Counsel and perused a copy of the said Interim Application and find that the sufficient case has been made out to allow the same in the interest of justice. In view thereof, Interim Application is allowed in terms of prayer clause (a) which read as under:- "(a) That This Honourable Court may be pleased to allow the that the Writ of summons be effected through newspaper by an advertisement in two local newspaper in the locality in which the defendant address at Sector-7, Plot No.33, IMT Manesar, Gurugram, Haryana - 122050 be ordered"

4.

However, it is clarified that the advertisement should be published in the two local newspaper in Haryana, one is in local language and another is in English Language having vide circulation.

5.

In view thereof, Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) A.B.Kakde 2/2