Bombay High CourtMCA/106/2015disposed of

Mr. Josheph Michael Pereira Through P.O.A. Mr.Peter Rodrigues. v. Smt. Eliza A. M. Coutinho (Expired) And 8 ORS.,

2016-02-26Hon'Ble Shri Justice K. L. Wadane2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 106 OF 2015 IN SECOND APPEAL NO. 125 OF 2013 MR. JOSHEPH MICHAEL PEREIRA THROUGH P.O.A. MR.PETER RODRIGUES.

... Applicant

Versus

SMT. ELIZA A. M. COUTINHO (EXPIRED) AND 8 ORS., ... Respondents Mr. C. Padgaonkar, Advocate for the applicant. Ms. T. Kamat Ghanekar, Advocate for the respondent nos.2a,2(b)(i),(iii),2c.

Coram:- K. L. WADANE, J.

Date:- 26th February, 2016 P.C Heard Mr. C. Padgaonkar, learned Counsel appearing for the applicant.

2. In the order dated 9.7.2015, it is mentioned in the order that in view of that, the private service, particularly, through the private courier service, cannot be held as deemed service.

3. However, Mr. Padgaonkar, states that notice to the respondent nos. 5 to 8 have been issued through Indian postal service and their receipts are placed on record. However, on perusal of the record it appears that notice were issued to respondent nos.5 to 6 on their addresses. However, there is no acknowledgment of notice by the respondent nos. 5 to 8.

4. Hence, at the risk of the applicant, the respondent nos.5 to 8 are

MCA/106/2015 deemed to be served.

5. Place the appeal for final hearing in the month of April, 2016.

6. Application stands disposed of.

K. L. WADANE, J.