Ashok Leyland Finance Limited v. Arif Abdul Karim Malkani And ANR

1/1 22.N.2140.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.2140 OF 2016 IN EXECUTION APPLICATION NO.962 OF 2016 M/s.Ashok Leyland Finance Limited ) (A Division of Indusind Bank Limited) )....Applicant (Org.Claimant) V/s.

Arif Abdul Karim Malkani & Anr.

)....Respondents ---- Mr.Padmakar S.Garad I/by SG Legal & Associates for claimant/applicant.

None for respondents.

CORAM : K.R.SHRIRAM,J DATE : 17.1.2019 P.C.:- 1.

Mr.Garad for the claimant/applicant relies on affidavit of one Nilesh Jadhav affirmed on 17.1.2019 and submits that respondent no.1 refused service and respondent no.2 is not traceable. Refusal to accept service is good service. Therefore, Notice made absolute against respondent no.1. As against respondent no.2, Execution Application dismissed with liberty to apply as and when the applicants locate respondent no.2.

2.

Notice accordingly, disposed. Applicant to take further steps within 4 weeks from today, failing which, Execution Application will be dismissed without further reference to the Court. (K.R.SHRIRAM,J) KJ