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Bombay High CourtCHOL/428/2024disposed off

Tajdar Kamal Amrohi v. Dinku Property Private Limited (Now Known As Arham Land Developers Private Limited)And 3 ORS

2024-10-08E.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 : 08th October, 2024 CALLED FOR DIRECTION:

2.CHOL/428/2024 In S/1/2021 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mani Thevar i/b. M/s. Ganesh and Co., Advocate for the Applicant/Plaintiff.

P. C. :

1.

The present Chamber Order is taken out to serve the Writ of Summons upon Divine Construction Company, Defendant No.3 and Purshottam Gobindram Bansi, Defendant No.4, 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 "Navabharat" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 5th August, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Plaintiff had tried to serve the Writ of Summons through the Bailiff upon the Defendant Nos.3 and 4 but the same was returned with a remark "Left". The Plaintiff therefore applies for permission to publish the Writ of Summons as and by of substituted service upon the Defendant Nos.3 and 4.

4.

Heard. The Ld. Advocate for the Plaintiff submits that the Plaintiff had sent the Writ of ..2/-

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

Summons for service upon the Defendant Nos.3 and 4 through the Bailiff but the same was returned by the Postal Authorities with a remark "Left". He further submits that the Plaintiff be permitted to serve the Writ of Summons by way of substituted service by publication in two newspapers viz. "Free Press Journal" in English Language and "Navabharat" in vernacular language i.e. Hindi. For the reasons stated in Affidavit dated 5th August, 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 "Navabharat" in Hindi newspaper vernacular language, within three weeks from the date of uploading the order.

6. 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 08.10.2024