Vasanta Bhavan Hotels India Private Limited v. Vasantha Bhavan

and A. No.1015 of 2024 in C.S. (COMM. DIV.) No.36 of 2024 ABDUL QUDDHOSE, J.

A) An Affidavit of Service has been filed by the learned counsel for the plaintiff enclosing the returned cover received from the respondent / defendant. As seen from the same, the respondent / defendant has refused to receive the notice in O.A. Nos.122 and 123 of 2024.

2. Since the respondent / defendant has refused to receive the notice it amounts to deemed service of notice. Accordingly the respondent / defendant is set exparte by this Court and the interim injunction granted by this Court on 23.02.2024 in O.A. Nos.122 and 123 of 2024 is made absolute and the said applications are allowed as prayed for.

B) The respondent / defendant has also refused to receive the notice in A. No.1015 of 2024 as seen from the Affidavit of Service. Hence, the 1/3

respondent / defendant is also set exparte in A. No.1015 of 2024. A. No.1015 of 2024 has been filed seeking to combine the cause of action. This Court is satisfied with the reasons contained in the affidavit filed in support of this application as sufficient cause has been shown. Accordingly, A. No.1015 of 2024 is allowed as prayed for. C) The suit summons on the defendant has also been returned with an endorsement, "refused" which amounts to deemed service. Registry is directed to print the name of the defendant and post the matter on 18.03.2024.

01.03.2024 vsi2 2/3

ABDUL QUDDHOSE, J.

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