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Bombay High CourtIA/15166/2024disposed off

Multi Commodity Exchange Of India Ltd v. Silverlink Commodities Pvt Ltd And ORS.

2024-12-03Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar2 pages

2024:BHC-AS:46842-DB 904-IA-15166-24 IN COMFAST-26027-22.doc Rameshwar Dilwale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15166 OF 2024 WITH INTERIM APPLICATION NO.13036 OF 2023 IN COMMERCIAL FIRST APPEAL (ST) NO.26027 OF 2022 Multi Commodity Exchange of India Ltd.

.. Applicant/Appellant Vs.

Silver Link Commodities Pvt. Ltd. & Ors.

.. Respondents ...

Adv. Ashwin Pimpale i/by SSB Legal & Advisory, Advocates for the applicant/appellant.

...

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 3rd DECEMBER 2024.

P.C. :

1.

By this application, the applicant has moved this Interim Application seeking leave to effect substituted service upon respondent nos.1 and 2.

2.

We have perused the application as well as the earlier order dated 31st July 2024 passed in Interim Application No.10178 of 2024 (Multi Commodity Exchange of India Ltd. Vs. Silver Link Commodities Pvt. Ltd. & Ors.). The learned counsel for the applicant submits that the newspapers through which the notice is now proposed to be published are widely circulated. In that view of the matter and in view of the earlier order dated 31st July 2024, 1/2

904-IA-15166-24 IN COMFAST-26027-22.doc Rameshwar Dilwale the Interim Application is allowed in terms of prayer Clause (a) which reads as under:- "a) That this Hon'ble Court pursuant to the Order dated 31 July 2024 passed in Interim Application No. 10178 of 2024 in Commercial First Appeal (St.) No. 26027 of 2022 be pleased to allow the Applicant to effect service upon Respondent nos. 1 and 2 through newspaper paper publication in Top Story, Delhi; Dainik Savera Times, Delhi; Yug Marg, Chandigarh; Dainik Savera Times, Ambala."

3.

The notice is made returnable on 28th January 2025. The applicant to take steps accordingly. The Interim Application is disposed of.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 Signed by: Rameshwar L. Dilwale Designation: PA To Honourable Judge Date: 04/12/2024 18:03:32