Mufaddal Mohammadi Patwa And ANR. v. Hiranandani Properties Private Limited And ORS.

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10784 OF 2024 IN FIRST APPEAL NO. 915 OF 2019 --------------------------------------------------------------------------------------------------------------- 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 : 24/07/2024 Adv. S.N. Biradar present for Applicant The learned advocate for applicant has filed this Interim Application for substitute service of Respondent No. 7C by way of publication. The Hon'ble Registrar (Judl. II) vide order dt. 18/03/2024 had directed to take steps against 7C within two weeks.

But instead of providing fresh and corret address of respondent No. 7C or by serving respondent no. 7C by another way he has filed this Interim Application for publication. However, Notice issued to respondent no. 7C on 23/10/2023 is returned unserved with bailiff's remark dt. 27/11/2023, "respondent no. 7C is residing at out of India, hence returned".

In this situation it will not be fair to allow this interim application for substitute service by way publication as there is nothing any information about respondent no. 7C. Therefore, learned advocate for applicant is directed to take proper and appropriate steps to serve the respondent no. 7C within three weeks. On failure interim application as well as First

Appeal would stand dismissed against respondent no. 7C without further reference to the court of Registrar. Sd/- REGISTRAR (JUDL-II) sat-(R-II)-24.07.2024