Bombay High CourtCAW/738/2017dispossed offdismiss for default

Mahindra Rural Housing Finance Limited Thr. Its Power Of Attorney Holder Shri Yogesh Santosh Gadodi v. The Sepcial Recovery Officer T.G. Nikam Washim Dist. Nagari And Gramin Sahakari Pat Sanstha'S S

2017-03-24Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

WP921-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.W. NO.738/2017 IN WRIT PETITION NO. 921/2015 (MAHINDRA RURAL HOUSING FINANCE LIMITED, NAGPUR THR. POA SHRI YOGESH GADODIA VERSUS THE SPECIAL RECOVERY OFFICER, WASHIM & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.A. Patait, counsel for the applicant-petitioner. CORAM : SMT. VASANTI A NAIK AND V.M. DESHPANDE, JJ.

DATE : MARCH 24 , 2017.

By this civil application, the applicant seeks permission to serve the respondent nos.2 and 3 by paper publication.

It is stated that though the petitioner tried to serve the respondent nos.2 and 3 on the address mentioned in the petition and it was known that the respondent nos.2 and 3 lastly resided at Washim on the stated address, the petitioner was not able to serve the respondent nos.2 and 3 on the said address. It is stated that the petitioner tried to secure the new address of the respondent nos.2 and 3 and tried to serve them on the said address but, without success. It is stated that in the circumstances of the case, since the respondent nos.2 and 3 cannot be served despite the best efforts of the petitioner, the petitioner may be granted permission to serve the respondent nos.2 and 3 by paper publication. The learned counsel states that the petitioner would publish the notice in the daily newspaper 'Lokmat', which is widely circulated in Washim, where the respondent nos.2 and 3 were known to have lastly resided.

WP921-15 In view of the submissions recorded hereinabove and for the reasons stated in the application, we grant permission to the petitioner to serve the respondent nos.2 and 3 by paper publication. The petitioner is permitted to publish the notice in the daily newspaper 'Lokmat'. The steps to serve the respondent nos.2 and 3 should be initiated within fifteen days.

The civil application stands disposed of accordingly.

Hamdast granted.

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