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Bombay High CourtIA/12089/2024disposed off

M/S. Standard Conduits Pvt. Ltd. v. M/S. Rama Trader And ANR,

2024-09-03Hon'Ble Justice Sharmila U. Deshmukh2 pages

2024:BHC-AS:35515 16-IA-12089-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12089 OF 2024 IN FIRST APPEAL NO.1107 OF 2023 Standard Conduits Pvt. Ltd.

...Appellant.

Versus

M/S. Rama Trader And Anr.

...Respondents.

------ Adv. Amit Dubey i/b A. M. Saraogi for the Appellant. ------ Coram : Sharmila U. Deshmukh, J.

Date : September 3, 2024.

P. C. :

1.

Interim Application has been preferred seeking substituted service upon Respondent Nos. 1 and 2 as the Bailiff's report indicates that the notice was fixed on the outer door of the premises of Respondent Nos. 1 and 2 on 28th June, 2024 as they were not found. 2.

Learned counsel for the Applicant points out even in the criminal proceedings which were initiated by the present Applicant, proclamation had been issued against the Respondents. 3.

Considering that the Bailiff's report shows that the Respondents were not found at the time when the Bailiff went to Harish 1 of

16-IA-12089-2024.doc effect the service upon the Respondents, the Interim Application is allowed in terms of prayer clause (a) which reads thus : "(a) that this Hon'ble Court be pleased to allow the Applicant to serve the Respondents by way of substituted service i.e. by way of pasting the notice upon the Respondents at their last known address and as also, by publishing the same in two newspapers i.e. Free Press Journal and one Marathi Newspaper on such terms as this Hon'ble Court may deem fit and proper." 4.

Let the report of substituted service be filed on 14th October, 2024.

[Sharmila U. Deshmukh, J.] Harish 2 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 04/09/2024 16:29:25