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Bombay High CourtIA/13552/2024disposed off

Chandrakant L. Pujari And ORS. v. Mohammed Hasan Abdul Sattar Moti And ORS.

2024-11-29Hon'Ble Justice Shri Arif S. Doctor2 pages

21-FA-1831-2024+.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1831 OF 2024 Chandrakant L Pujari & Ors ...Appellants

Versus

Mohammed Hasan Abdul Sattar Moti & Ors

...Respondents

WITH INTERIM APPLICATION NO. 7559 OF 2024 IN FIRST APPEAL NO. 1831 OF 2024 WITH INTERIM APPLICATION NO. 13552 OF 2024 IN FIRST APPEAL NO. 1831 OF 2024 SHEPHALI SANJAY MORMARE by SHEPHALI SANJAY MORMARE Date: 2024.11.30 10:19:37 +0530 Ms Janvee Joshi, with Rajesh Talekar & Rahul Pujari, for the Appellant.

CORAM:

ARIF S. DOCTOR, J DATED:

29th November 2024 PC:- INTERIM APPLICATION NO. 13552 OF 2024:

1.

The present Interim is for seeking substitute service of the First Appeal on Respondents Nos. 3 and 5. Having heard the Learned Counsel for the Applicant, who submits that the service which was attempted to

21-FA-1831-2024+.DOC be effected upon Respondents Nos. 3 and 5 has not been effected. She seeks leave to serve through substituted service. 2.

Learned Counsel appearing on behalf of the Applicants submits that present Application is necessitated on account of the fact that though the Applicant has attempted to serve Respondents Nos. 3 and 5, the same was not successful. Respondent No. 3 reside at Ontarioa, Canada and Respondent No. 5 at London, England. 3.

Having due regard to the submissions made and the averments in the Interim Application, I deem it fit to permit the Applicant to serve Respondents Nos. 3 and 5 by substituted service. 4.

Let the service be effected by was substitution in a newspaper of sufficient circulation at the location where these Respondents reside. 5.

The Interim Application is disposed of in these terms. 6.

List the matter on 17th January 2025.

(ARIF S. DOCTOR, J)