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Bombay High CourtCAS/1418/2023ca disposed off

Santosh Alias Ambadas S/O Jayendra Deorankar v. Sandeep S/O Radheshyamji Chandak And Others

2023-10-23Hon'Ble Smt. Justice M. S. Jawalkar2 pages

2023:BHC-NAG:15691 7-SA 474-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO. 474 OF 2018 SANTOSH ALIAS AMBADAS S/O. JAYENDRA DEORANKAR ...VERSUS...

SANDEEP S/O. RADHESHYAMJI CHANDAK AND ORS.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Y.J.Chandurkar, Advocate h/f. Shri J.J. Chandurkar, Advocate for appellant. Shri N.B.Kalwaghe, Advocate for respondent nos. 2 and 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd OCTOBER , 2023 DATE :

In view of the Pursis (St.) No. 04/2023, the learned counsel for respondent no. 2 and 3 seeks discharge from the matter as the partner respondent no. 3 - Shri Jagdish Prasad Khemka is reported to be dead on 16/08/2022 and respondent no. 2 which is a firm represented through respondent no. 3.

2.

However, the learned counsel for respondent no. 3 only can be discharged. Accordingly, Shri N.B. Kalwaghe, learned counsel for respondent no. 3 is hereby discharged.

3.

The learned counsel for the appellant to take necessary steps in respect of respondent no. 2.

C IVIL APPLICATION (CAS) NO. 1418 OF 2023 The present application is filed for declaring the respondent no. 4 as served.

7-SA 474-2018.odt 2.

The notice is served to a partnership firm and being a partner, the respondent no. 4 is served. However, it appears that an individual address of respondent no. 4 is given. The learned counsel for the appellant to serve the respondent no. 4 by RPAD on the given address as the partner i.e. respondent no. 3 who was representing a partnership firm is no more alive.

3.

The learned counsel for the appellant is also permitted to serve the respondent no. 4 by any other mode available as per law. 4.

With the above observations, the application stands disposed of.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar