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Bombay High CourtIA/12624/2024allowed

Mr. Maruti Dhulaji Thakur (Deceased) Thr. Lrs. Sangita Maruti Thakur v. Shree Resham Textile Mills Ltd. And ORS.

2024-09-10Shri. 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. 12624 OF 2024 IN FIRST APPEAL(ST) NO. 10276 OF 2018 --------------------------------------------------------------------------------------------------------------- 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 : 10/09/2024 Adv. Sarthak Solaskar i/by Vinod Mistry and Co. Present for the Applicant Perused.

As per office note, notice issued to Respondent No. 2 is returned unserved with Bailiff's remark dated 07/05/2024, "Not found, said building and flat could not be traced out. On inquiry with the security guard, he informed that no such building exists in the colony and several buildings have been demolished for new construction".

The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent No. 2 by way of

substituted service.

The Learned Advocate has taken out present Interim Application to serve Respondent No. 2 by way of substituted service. Address of Respondent No. 2 mentioned in the above notice is same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court.

In turn, Interim Application No. 12624 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)-10.09.2024