Shri. Munawar Bhagat v. Shri. Naval Lunkaran Chandak

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION. NO. 9445 OF 2024 IN FIRST APPEAL NO. 113 OF 2020 --------------------------------------------------------------------------------------------------------------- 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 : 14/06/2024 Adv. Neha Achaliya i/by Adv. Sapna Rachure present for Applicant.

Perused.

As per office note, notice issued to Sole respondent is returned unserved with Bailiff's remark dated 12/10/2023, "Not found, after inquiry with present person he informed that said respondent left the premises since last 4 to 5 years and whereabout not known, hence copy of notice affixed on the conspicuous part of above same premises".

The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Sole respondent by way of substituted service.

The Learned Advocate has taken out present Interim Application to serve Sole respondent by way of substituted service. Address of Sole respondent 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, Interim Application No. 9445 of 2024 for substituted service is allowed in terms of prayer clause (A-(i)), returnable by 10 weeks. The learned Advocate for the Applicant is directed to collect copy of Publication Notice within two weeks without fail. He/She is further directed to file published copy of newspaper in the department within 04 weeks.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-14.06.2024