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Bombay High CourtCAW/878/2024ca disposed off

Santosh Dhonduji Tapase v. Western Coalfields Ltd., Thr. Its Area General Manager, Ballarpur Area And Others

2024-04-05Registrar (Judicial)1 pages

CAW No. 878/2024 in Writ Petition No. 8326/2023 Coram : Registrar (Judicial) Dated : 05.04.2024 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no. 3 by paper publication. That the notice issued to the aforesaid respondent returned back unserved for want of correct address. It is stated that no other address, except the present one, is available with the applicant. It is further stated that the respondent no.3 was conviced in S.T. No. 396/2012 and thereafter lodged in jail and it was revealed by way of Right to Information Act that the said respondent came to be released on parole on 21.08.2014 and thereafter did not return to jail and whareabout of the said respondent is not aware.

The applicant has annexed copy of RTI information and the copy of letter issued by Sr. Jailor to RTI officer with the present application. The applicant thus prays for substituted service upon aforesaid respondent for effective adjudication of the matter Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondent by substituted service on last known address.

Substituted service be effected upon the aforesaid respondent no. 3 by publishing notice in widely circulated local daily newspaper where the aforesaid respondent is lastly known to have resided, in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.

(D.P. Satawalekar) Dated:05.04.2024 Registrar(Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 12/04/2024 18:31:33