The Municipal Corporation Of Greater Mumbai v. Bihar Supply Company And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION. NO. 3 OF 2024 IN CIVIL APPLICATION NO. 3047 OF 2018 IN FIRST APPEAL(ST) NO. 18095 OF 2018 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II) DATE : 10/05/2024 None present Perused.

As per office note, notice issued to Respondent No. 1 is returned unserved with Bailiff's remark dated 17/10/2018, "said office left the premises since long back and present whereabout now known, hence affixed on conspicuous part of said address". RPAD Notice issued to respondent no. 1 is returned unserved with posta remark, "Not known".

The learned Advocate for Applicant is not aware about new address. Thus, only option

left is to serve the Respondent No. 1 by way of substituted service.

The Learned Advocate has taken out present Interim Application to serve Respondent No. 1 by way of substituted service. Address of Respondent No. 1 mentioned in the above notice is same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court.

In turn, Civil Application No. 3 of 2024 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks.

The learned Advocate for the Applicant is directed to collect copy of Publication Notice within two weeks (excluding summer vacation) without fail. He is further directed to file published copy of newspaper in the department within 04 weeks (excluding summer vacation). Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-10.05.2024