Naresh Engineering And Hardware Stores Through Proprietor Narendra Champaklal Shah v. Hutatma Jaiwantrao Patil Sahakari Sakhar Karkhana Ltd And Another

2025:BHC-AUG:1354 {1} ca649-25.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 649 OF 2025 IN WRIT PETITION NO.3029 OF 2018 Naresh Engineering And Hardware Stores Through Proprietor Narendra Champaklal Shah APPLICANT

VERSUS

Hutatma Jaiwantrao PatilSahakari Sakhar Karkhana Ltd and Another RESPONDENTS .......

Mr. Mukul S Kulkarni, Advocate for the Applicant .......

[CORAM : MANJUSHA DESHPANDE, J.] DATE : 17 th JANUARY, 2025 ORDER :

1.

This Civil Application has been filed seeking to serve Respondent No.1 by substituted service.

2.

According to learned Advocate for the Applicant, though notice was issued to Respondent No.1 on the address furnished in the proceedings, Respondent No.1 could not be served. Bailiff report shows that the Respondent No.1 Karkhana is not existing. According to Applicant the address which is given in the petition is the last known address of Respondent No.1, therefore, for want of knowledge about address, the Applicant be permitted to serve Respondent No.1 by substituted service.

{2} ca649-25.doc 3.

In view of the reasons given in the present Civil Application, the Application is allowed in terms of prayer clause "A". The Petitioner is permitted to serve Respondent No.1 by substituted service through paper publication. Learned Advocate for the Applicant submits that the notice will be published in newspaper within two weeks. Notice be published in "Dainik Prajawani Nanded Edition" and be made returnable on 17th March, 2025.

4.

Learned Advocate for the Petitioner undertakes to submit report along with copy of paper publication within two weeks of publication of the notice in newspaper.

[ MANJUSHA DESHPANDE ] JUDGE drp/ca649-25.doc