M/S Tractors And Farm Equipment Limited v. N.Deepak

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 7TH DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.700 of 2022 in C.S.(Comm.Div.)No.23 of 2021 M/s. TRACTORS AND FARM EQUIPMENT LIMITED 77, Nungambakkam High Road, Chennai - 600 034.

Rep. by its Authorised Signatory, Mr. C.P.Sounderarajan ...Applicant/Plaintiff -VersusN.Deepak, Sole Proprietor, M/s.Mahalakshmi Tractors, Thuruvana Halli, Plot No: 125, B.H. Road, Near Banashankari Kalyana Mantap Kadur, Chickmagalur District Karnataka - 577 548.

Through the District Court, Chickmagalur.

...Respondent/Defendant

Application praying that this Hon'ble Court be pleased to order substituted service through publication in a local English and vernacular daily having circulation in Kadur, Chickmagalur District of Karnataka including CNB and LKR to the Respondent in C.S.(Commercial Division) No.23 of 2021

This Application coming on this day before this court for hearing, the court made the following order:- Pursuant to earlier order dated 31.01.2022, this application is filed for substituted service through publication and through the Court notice board and last known address.

2. The applicant states that notice was issued to the respondent in the interim application for furnishing security.

3. Pursuant thereto, notice could not be served on the respondent and eventually such notice was effected by substituted service. The applicant also submits that suit summons could not be served and that the present application is filed on the basis of the earlier order dated 31.01.2022, whereby the applicant was permitted to file the present application.

4. On considering the affidavit in support of the application and the earlier proceedings of this Court, it appears that the applicant has established a case for substituted service. Accordingly, substituted service is ordered by effecting paper publication both in an English and a Kannada daily which is in circulation in Kadur, Chickmagalur District of Karnataka, and also by affixture on the Court notice Board and the last known address

of the respondent, specifying the next date of hearing.

5. Such publications and affixtures shall be made indicating the next date of hearing as 04.04.2022.

6. List on 04.04.2022.

Sd./-SKRJ.

07/03/2022 //Certified to be true copy// Dated at Madras this the day of 2022.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. EVK 11/03/2022