Privia Landmark Llp v. Kanchen Junga Co Operative Housing Society Limited

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th December, 2024 CALLED FOR DIRECTION:

3.CHOL/570/2024 In COMS/182/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sarthak Solaskar i/b. Vinod Mistry and Co., Advocate for the Applicant / Plaintiff.

P. C. : 1. The present Chamber Order is taken out to serve the Writ of Summons upon Defendant Nos.12, 13, 25, 34, 37 and 38 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 Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati.

3. Perused the Affidavit dated 6th November, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Writ of Summons sent for service upon Defendant Nos.12, 13, 25, 34, 37 and 38 could not be served. It is further stated that the Writ of Summons sent for service upon Defendant Nos.12, 13, 25, 34, 37 and 38 at their last known address through the Sheriff of Bombay but the same could not be served. The Applicant therefore requested to permit them to publish the Writ of Summons upon Defendant Nos.12, 13, 25, 34, 37 and 38 by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in ..2/-

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

English Language and in "Mumbai Samachar" in vernacular language i.e. Gujarati.

4.

Heard. The Ld. Advocate for the Applicant submits that the Writ of Summons sent for service upon Defendant Nos.12, 13, 25, 34, 37 and 38 could not be served. He further submits that the Writ of Summons sent for service upon Defendant Nos.12, 13, 25, 34, 37 and 38 at their last known address through the Sheriff of Bombay but the same could not be served and the Bailiff had filed his Service Report alongwith the Affidavit of Service. He therefore prays that the Chamber Order be allowed.

5.

For the reasons stated in Affidavit dated 6th November, 2024 annexed to the Chamber order, the present Chamber order is granted, and the same is signed separately. Publication of Writ of Summons to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Mumbai Samachar" in Gujarati language, within six weeks from the date of uploading the order and file Affidavit of Service. Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 17.12.2024