Mrs. Sunita Premkumar Khanna And ORS. v. Niraj Darshanlal Jain And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10211 OF 2024 IN CIVIL REVISION APPLICATION NO.424 OF 2022 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 22nd July, 2024 Advocate Mohankumar K. Present for Applicant.

The learned Advocate for the Applicant has filed present Interim Application No.10211 of 2024 to serve Respondent No.5 by way of substitute service.

As per office note, the notice issued to Respondent No. 5 is returned unserved with Bailiff's remark dated 29/03/2024, "Not found at said premises, more inquiries Smt.Kamal i.e. prop. of Angel Ladies Garment, informed that Respondent No.5 and herself are doing their business at above said premises and Respondent No.5 visit's the said premises only in the evening, but no fixed time of her visit".

The learned Advocate for Applicant is not aware of any other address of

Respondent No.5. Thus, only option left is to serve the Respondent No.5 by way of affixing the notice.

The address of above Respondent No.5 mentioned in the notice is same as mentioned in the Interim Application and in the memo of Civil Revision Application as well as A-1 Appeal No.323 of 2015 in R.A.E.

Suit No.529 of 2004 before the Trial Court.

In turn, Interim Application No.10211 of 2024 for substitute service summon is allowed. Hence, the office is directed to issue notice to the Respondent No.5 and concerned bailiff be directed that in case Respondent No.5 does not found on the address, then notice be affixed on the outer door or some other conspicuous part of their premises, as provided under Order 5, Rule 17 and 19 of the Code of Civil Procedure.

sd/- Registrar (Judl. - II) dsm