John Ceorge Tone Decd Thru Lhrs v. The Stone Castle Co Op Hsg Soc Ltd. And ORS

2024:BHC-AS:34527 102-IA-9847-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.

9847 OF 2024.

IN WRIT PETITION NO.4463 OF 2019 .

John Ceorge Tone Decd Thru Lhrs Mrs. Gracy John Tone and Ors.

...Applicants In the matter of Alexander George Tone and Ors.

Petitioners.

Versus

The Stone Castle Co Op Hsg Soc Ltd.

And Ors.

...Respondents.

------ Mr. Sanjiv a/w. Mr. Ashwin J. for the applicants. Mr. Pankaj Thatte a/w. Mr. Amit Sharma for respondent Nos.1,3 and 4. ------ Coram : Sharmila U. Deshmukh, J.

Date : 23nd August, 2024.

P. C. :

1.

Interim Application has been preferred seeking substituted service on the Respondents mentioned in the prayer clause (a) of the Interim Application.

2.

Learned counsel for the Applicants submits that the unserved Respondents were served through RPAD. However parcels were returned with remark "Address not known". He would further submit that notices were tried to be served through bailiff and bailiff's report rsk 1 of

102-IA-9847-2024.doc dated 4th July 2019 reports that the notices were pasted on the door as Respondents were not found at the time of service and doors were found locked.

3.

Various attempts were made to serve the said unserved Respondents, however they were not found at the address as per the report of the bailiff.

4.

In light of above, Interim Application is allowed. Petitioners are permitted to serve the Respondents described in the prayer clause by publication in two local newspaper viz. Free Press Journal and Navshakti Marathi.

[Sharmila U. Deshmukh, J.] rsk 2 of Signed by: Rajeshwari S. Karve Designation: PA To Honourable Judge Date: 28/08/2024 20:06:29