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Bombay High CourtNMS/1845/2015disposed off

Sapat International Private Limited v. Sanjiv Pratap Singh

2016-08-08Hon'Ble Shri Justice G.S. Patel2 pages

234-NMS1845-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1845 OF 2015 IN SUIT NO. 935 OF 2015 Sapat International Private Limited ...Plaintiffs

Versus

Sanjiv Pratap Singh ...Defendant Mr. Himanshu Kane, with Mr. Nikhil Sharma, i/b W.S. Kane & Co., for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

11th August 2016 PC:- 1.

The witness summons has been served by publication pursuant to an order dated 4th May 2016. The publication was on 22nd July 2016 in a Hindi newspaper, Raj Express, having wide circulation in the vicinity of the Defendant's last known address. Mr. Kane points out that the address from which service was refused is the address shown in the Defendant's registration applications. He tenders an Affidavit of Service dated 9th August 2016 of one Mr. Jayant Joshi, a Director of the Plaintiffs. This is taken on file. There is also a previous Affidavit dated 28th 11th August 2016

234-NMS1845-15.DOC September 2015 that shows delivery at an earlier date by Speed Post on the Defendant's Advocate.

2.

The name of the Defendant is called out. None appears. 3.

The Notice of Motion is made absolute in terms of prayer clauses (a) and (b) with costs. The Plaintiffs will also be entitled to recover the actual costs of this Notice of Motion (including the costs of publication) at the time of final hearing of the Suit. (G. S. PATEL, J.) 11th August 2016