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Bombay High CourtCHOL/533/2024disposed off

The Marine Productss Export Development Authority v. Sri Ramaswamy Mukund

2024-12-12E.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 : 12th December, 2024 CALLED FOR DIRECTION:

1.CHOL/533/2024 In COMEX/62/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. B. B. Sharma a/w. Ms. Ramya Vidyadharan, Advocate for the Applicant.

P. C. : 1. The present Chamber Order is taken out to serve the Notice under order 21, Rule-22 of Civil Procedure Code, 1908, upon Respondent Nos. 1 and 2 by way of substituted service, as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner 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 11th September, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Notice was sent for service upon the Respondent Nos. 1 and 2 through the Bailiff, Sheriff of Bombay, but the service could not be completed and the same was returned "Unserved". The Applicant, therefore, sought permission to serve the Notice by substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi 4.

Heard. The Ld. Advocate for the Applicant ..2/-

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

submits that the Notice sent for service upon the Respondent Nos. 1 and 2 through the Bailiff, Sheriff of Bombay, could not be completed and the same was returned "Unserved". The Report of the Bailiff dated 5th January, 2024 annexed to the Affidavit. He therefore prays that the Chamber Order be allowed.

5.

For the reasons stated in Affidavit dated 11th September, 2024 annexed to the Chamber order, the present Chamber order is granted, and the same is signed separately. 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.

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 12.12.2024