Mah State Electricity Dist Co Ltd Through Its Engineer Jalna v. Rishi Steels And Alloyes Pvt Ltd Jalna And Others

CA-10423.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10423 OF 2017 IN WRIT PETITION NO. 3806 OF 2016 Mah. State Electricity Dist. Co. Ltd.

.. Applicant versus Rishi Steels and Alloyers Pvt. Ltd.

.. Respondent ---- Mr. Dhananjay Deshpande, Advocate for applicant. CORAM :

SUNIL P. DESHMUKH, J.

Date :

1st September, 2017 ORDER :

1.

Learned counsel for the applicant - writ petitioner states that present respondents who are defendants in the suit had shown their addresses as are shown in present application at Jalna. While notices of writ petition are sent, those have been returned with remark '' respondents are not staying on the address given.''. As a matter of fact, that is their registered address in the suit. Subsequently, while it was learned that said respondents have now been residing at Aurangabad, civil application bearing no. 10672 of 2016 had been moved for service on respondents on the address at Aurangabad. Notices on the address of respondents at Aurangabad have

CA-10423.17.doc also been received back with remark '' they were not found on the given address. ''.

2.

Learned counsel thus submits that the applicant has no alternative but to serve the respondents by paper publication and accordingly present civil application for the same has been moved.

3.

In view of aforesaid, present civil application is granted in terms of prayer clause (B) and is disposed of. 4.

Applicant-petitioner is at liberty to additionally send notices by registered post acknowledgement due on both the addresses of the respondents at Aurangabad as well as Jalna and would also be at liberty to serve said respondents by any other legally acceptable mode and file affidavit of service accordingly.

5.

Civil application is disposed of.

SUNIL P. DESHMUKH, JUDGE pnd