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Bombay High CourtCHOL/376/2024disposed off

Kotak Mahindra Bank Ltd. v. Klb Marketing And ANR. (Borrower) And ANR.

2024-08-29E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th August, 2024 CALLED FOR DIRECTION:

2.CHOL/376/2024 In EXA(L)/18144/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Narayan Awate, Advocate for the Applicant. P. C. :

1. The present Chamber Order is taken out to serve the Notice upon Respondent by way substituted service, as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicant is seeking permission to publish the Notice in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 18th June, 2024 annexed to Chamber Order. In Para-4 of the said Affidavit, it is stated that by an order dated 4th March, 2024 (Coram : Abhay Ahuja, J.) directed the Applicant to file appropriate application for substituted service.

4. Heard. The Ld. Advocate for the Applicant states that an Interim Application No.1465 of 2023 was taken out by the Applicant and the said Application was sent for service upon the Respondent. He further submits that the Notice sent for service upon Respondent No.1 was returned by the Postal ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Authorities with a remark "Unclaimed".

Therefore, the Hon'ble High Court vide order dated 4th March, 2024 directed the Applicant to take out appropriate application for substituted service. He further submits that the Chamber Order for substituted service of Notice by way of publication be allowed.

5.

Hence, for the reasons stated in Affidavit dated 18th June, 2024 annexed to the Chamber order, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Notice to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, within four weeks from the date of uploading the order.

7. 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 29.08.2024