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Bombay High CourtCAW/1499/2024allowed

Rajan Samuel Gaikwad v. Tarunjitsingh Amarsingh Bhalla And Others

2024-06-28Registrar (Judicial)1 pages

CAW No. 1499/2024 in Writ Petition No. 7429/2023 Coram : Registrar (Judicial) Dated :28.06.2024 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no.7 by paper publication. Seen Pursis St. No. 03/2024 dated 10.06.2024. It is stated in the application as well as the Pursis that the office clerk of the counsel for petitioner had been to the available office address of the respondent no.7 and as the office was found as closed, he pasted the notice on the closed shutter of the office of the said respondent. Since pasting notice on the office of the aforesaid respondent is not an effective service, the applicant thus prays for substituted service upon aforesaid respondent for effective adjudication of the matter. The application is supported by affidavit.

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.7 by publishing notice in widely circulated local daily newspapers i.e. ("Dainik Bhaskar, Nagpur Edition") , 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:28.06.2024 Registrar(Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 02/07/2024 15:24:27