Bhaiji Motor Pvt. Ltd., Nagpur Thr. Director Shyam Kahiprasad Borele, Nagpur v. Smt. Sushma Wd/O Satyanarayan Varma And Others

41 CAF-2177-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.2177 OF 2022 IN FIRST APPEAL NO.351 OF 2022 {Bhaiji Motor Pvt. Ltd. ..Vrs.. Smt. Sushma Wd/o Satyanarayan Varma and Ors.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

S/Shri W. Daigavane, Adv. h/f Shri H. D. Dangre, Advocate for the Appellant. Shri M. R. Puranik, Advocate for the Respondent No.4. Shri K. Daga, Adv. h/f Shri D. C. Daga, Advocate for Respondent No.5. CORAM : ABHAY AHUJA, J.

DATE : 29 th SEPTEMBER , 202 2 .

.

This is an application seeking substituted service in respect of Respondents No.1 to 3 and 6.

2.

Learned counsel for the Applicant/Appellant states that the notice issued to Respondents No.1 to 3 has been returned unserved with an endorsement that noticee not found on given address. As far as Respondent No.6 is concerned, the same has not yet been returned although a period of five months month has passed. She therefore submits that even in respect of Respondent No.6, substituted serve may be permitted. Learned counsel draws the attention of this Court to paragraph 6 of the application and submits that the substituted service by way of paper publication in a newspaper widely circulated in the locality, where the Respondents No.1 to 3 and 6 have had lastly resided be permitted for speedy disposal of the matter.

3.

Learned counsel appearing for Respondent No.4 and Respondent No.5, have no objection, if the application is

41 CAF-2177-2022 allowed.

4.

Having heard the learned counsel appearing for the parties and having perused the application, the application stands allowed. Let there be substituted service in respect of Respondents No.1 to 3 and 6 by paper publication in newspaper circulated in the area in which they have lastly known to reside.

5.

Also, re-issue notice in respect of Respondents No.1 to 3 and 6, returnable after six weeks. List the matter on 14.11.2022.

6.

Application accordingly stands disposed.

(JUDGE) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE