The Cosmos Co-Op. Bank Ltd. v. Sns Weaving Mills Pvt. Ltd. And 4 ORS

10.IA.5245.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5245 OF 2022 IN NOTICE (LODGING) NO. 7754 OF 2022 The Cosmos Co-operative Bank Ltd.

...Applicant/Claimant

Versus

SNS Weaving Mills Pvt. Ltd. & Ors.

...Respondents

***  Mr. Jayant Gaikwad and Ms. Pushpa Prajapati, for Applicant. SHRIKANT SHRINIVAS MALANI *** CORAM : MANISH PITALE, J.

SHRIKANT SHRINIVAS MALANI Date: 2023.07.07 13:57:59 +0530 DATE : 05th JULY, 2023.

P. C. :

1.

By this application, the Applicant is seeking permission to serve Respondent No. 1 by way of substituted service. It is prayed that the Applicant be permitted to publish notice in English and Hindi Newspapers.

2.

It is brought to the notice of this Court that when attempt made to serve Respondent No. 1, the bailiff was informed that the responsible persons concerning Respondent No. 1 only occasionally visit the premises.

3.

In the interest of justice, the application is allowed in terms of prayer clauses (b) and (c), which read as follows : "b.

This Hon'ble Court be pleased to allow the substitute service of Notice under Order XXI Rule 22 of Civil Procedure Code, 1908 upon the Respondent No. 1 Shrikant

10.IA.5245.2022.doc by way of publication in newspapers "Business Standard" in English language and "Business Standard" in Hindi language.

c.

This Hon'ble Court be pleased to extend eight weeks the returnable date of Notice under Order XXI Rule 22 of Civil Procedure Code, 1908 from the disposal of the present Interim Application and/or to such date."

4.

The Applicant shall place on record proof of such publication of notice along with an affidavit. 5.

Application stands disposed of.

(MANISH PITALE, J.) Shrikant