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Bombay High CourtCHOL/418/2024disposed off

Hiralal Dayabai Parmar v. Grievance Redressal Committee, Mumbai Suburban And 7 ORS

2025-02-04Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Before : Anil H. Laddhad Prothonotary and Senior Master Date : 4th February, 2025 FOR HEARING AND FINAL DISPOSAL :

7.

CHOL/418/2024 IN WP(L)/ 31921/2022 ) ) ) ) ) Mr. Prashant Malik, Advocate for Applicant Ms. Sheetal Malvankar, AGP for Respondent (State of Maharashtra) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : Perused Praecipe dated 28.11.2024 filed by Advocate for Applicant alongwith document of RTI; wherein in the statement of Respondent No. 5 recorded by Police, it is mentioned that Respondent No. 4 is expired.

Ld. Advocate for the Applicant submits that Respondent No. 4 is expired and he has mentioned the said fact in Praecipe dated 28.11.2024 and he has no documentary proof, other than Police Statement, to show that Respondent No. 4 is expired.

Applicant to furnish Death Certificate of Defendant No. 4 alongwith Additional Affidavit stating therein aforesaid facts, as the material which the Plaintiff has relied upon, is not acceptable.

Perused Affidavit of Service dated 06.01.2025; wherein it is stated that postal article containing present Chamber Order sent to Respondent No. 5 at the last known address, is returned back with remark "Item Returned Addressee moved". It is further stated in the said Affidavit that when an attempt was made to serve present Chamber Order upon Respondent No. 5 by way of hand delivery, Respondent No. 5 was not ready to accept the article. Hence, the service upon Respondent No. 5 be considered as good service. However, there is no evidence of refusal of service by Respondent No. 5. .... 2

.... Continued CHOL/418/2024 IN WP(L)/ 31921/2022 Prothonotary and Senior Master Date : 4th February, 2025 : 2 :

) ) ) ) ) ) ) ) ) ) Hence, Applicant is directed to serve Respondent No. 5 afresh. The service through Registered Post A.D. or Speed Post with acknowledgment due is allowed. Accordingly, Applicant to serve Chamber Order upon Respondent No. 5 by way of speed post or Registered Post A.D. and file Affidavit of Service, on or before next date.

Adjourned to 11.02.2025, for compliance.

Date : 04.02.2025 Prothonotary & Senior Master Digitally signed by M.N. Kadam Date:

2025.02.04 05:33:06 +0530 M.N.

Kadam