Asha Developers And ANR. v. Mishra Brothers And 7 ORS

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

Date : 4 FOR DIRECTION :

6. CHOL/274/2024 Mr. Aditya Gore i/b. Mr. Mohit Sant, Advocate for the Applicants / Plaintiff Nos.1 and 2.

In S/857/2019 P.C. : 1.

The present Chamber Order is taken out to serve the Writ of Summons upon the Defendant No.5 viz. Yogendra Kapilmuni Mishra, by way 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 "Yashobhumi" in vernacular language i.e.

Hindi.

3.

Perused the Affidavit dated 12th April, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Plaintiff had tried to serve the Writ of ..2/-

: 2 :

Summons through the Bailiff upon the Defendant No.5 but the same was returned with a remark "Left". An Additional Affidavit dated 18th June, 2024 is is on record. The Bailiff in his Affidavit dated 12th April, 2024 stated that the Writ of Summons sent to serve upon the Defendant No.5 through registered Post A.D. has been returned by the Postal Authority with remark "Left". The Plaintiff therefore applies for permission to publish the Writ of Summons as and by of substituted service upon the Defendant No.5.

4.

For the reasons stated in Affidavit th April, 2024 and Additional dated 12 Affidavit dated 18th June, 2024, the present Chamber order is granted, and the same is signed separately.

5.

Applicant to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English language and one in "Yashobhumi" in Hindi newspaper ..3/-

: 3 :

vernacular language, within four weeks from the date of uploading the order.

6.

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

Addl. Registrar (O.S.)/ 04.07.2024 Addl. Prothonotary and Senior Master