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Bombay High CourtCHOL/192/2024disposed off

Bairagra Builders Pvt. Ltd. v. Vimal Jain And 20 ORS

2024-06-13E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 13th June, 2024.

FOR DIRECTION :

5. CHOL/192/2024 Mr. Jamshed Ansari Advocate for Plaintiff.

In S/236/2023 Mr. Aayush Pandey i/b. Vijay Tiwari, Advocate for Defendant No.2,3,6,7,9,10,11 and 12.

P.C. : 1.

The present Chamber Order is taken out to serve the Writ of Summons upon Defendant Nos.5, 6, 11, 13, 20 and 21 by way substituted service as per the Schedule annexed to the Chamber Order. 2.

Perused Schedule. The Applicant / Plaintiff is seeking permission to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language.

3.

Perused the Affidavit in Support dated 9th March, 2024 annexed to Chamber Order. The Applicant had stated in the said Affidavit that the Writ of Summons sent to the Defendant Nos. 5, 6, 11, 13, 20 and 21 were returned by the Postal Authorities with a Postal remark "Left". Therefore, the Applicants have submitted to permit the service of Writ of Summons by way of substituted service as provided under Rule-86 of ..2/-

: 2 :

Bombay High Court, Original Side rules read with Order-V, Rule-20 (5) of CPC-1908.

4.

Heard. For the reasons stated in Affidavit dated 9th March, 2024 annexed to the Chamber order, the present Chamber order is granted, and the same is signed separately.

5.

Publication of Writ of Summons to be done in English newspaper viz. "Free Press Journal" and in Marathi viz. "Navshakti", within four weeks from the date of uploading the order.

6.

Advocate to file Affidavit of Service annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.)/ 13.06.2024 Addl. Prothonotary and Senior Master