Bombay High CourtIA/11801/2024allowed

Bank Of Baroda (Vijaya Bank) v. Mr. Arjun Rajendra Singh And ORS.

2024-08-19Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION. NO. 11801 OF 2024 IN FIRST APPEAL NO. 780 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 : 19/08/2024 None present Perused.

As per office note, notices issued to Respondent Nos. 1 and 2 are returned unserved with Bailiff's remark dated 02/05/2024, "respondent no. 2 found on given address and she said that respondent no. 1 is my husband and he shifted to Delhi long back and she refused to accept notice of her name and did not give sign on notice and also refused to affix notice on the door of her house". Notice issued to respondent no. 3 returned with Bailiff's remark, "No one knows about respondent no. 3 therefore notice of respondent no. 3 returned unserved".

The learned Advocate for Applicant is not aware about new addresses. Thus, only option left is to serve the Respondent Nos. 1 to 3 by way of substituted service.

The Learned Advocate has taken out present Interim Application to serve Respondent No. 1 to 3 by way of substituted service. Addresses of Respondent No. 1 to 3 mentioned in the above notice is same as mentioned in Interim Application .as well as in Judgment of the Lower Court.

In turn, Interim Application No. 11801 of 2024 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks. The learned Advocate for the Applicant is directed to collect copy of Publication Notice within two weeks without fail. He is further directed to file published copy of newspaper in the department within 04 weeks.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-19.08.2024