Sajawat Consultants Bombay Pvt. Ltd. v. Invest Assets Securitization And Reconstruction Pvt. Ltd. And 5 ORS.
msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th February, 2025 CALLED FOR DIRECTION:
7.CHOL/78/2025 In S/139/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jamshed Ansari, Advocate for the Applicant / Plaintiff. P. C. :
1. The present Chamber Order is taken out to serve the Writ of Summons upon the Defendant Nos. 2, 4 and 5 by way of substituted service as per the Schedule annexed to the Chamber Order.
2.
Perused Schedule. The Plaintiff is seeking permission to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and in "Yashobhumi" in vernacular language i.e. Hindi. 3.
Perused the Affidavit dated 16th November, 2024 annexed to Chamber Order. Heard. The Ld. Advocate for the Applicant submits that the Writ of Summons were sent for service upon Defendant Nos.2, 4 and 5 through the Sheriff of Bombay through RPAD but the same was returned by the Postal Authorities with remark "unserved". He further submits that the Bailiff has filed an Affidavit of Service dated 27th April, 2023, a copy of the same is at Exhibit - "E" to the Affidavit in Support. He therefore prays that the Applicant be permitted to publish the Writ of Summons upon Defendant Nos. 2, 4 and 5 in two newspapers viz. "Free Press Journal" in English Language and in "Yashobhumi" in vernacular language i.e. Hindi, by way of substituted service.
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4.
For the reasons stated in Affidavit dated 16th November, 2024 annexed to the Chamber Order, the present Chamber Order is granted, and the same is signed separately. Publication of Writ of Summons to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Yashobhumi" in Hindi language, within four weeks from the date of uploading the order.
5. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done. Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 13.02.2025