Dol-Bin-Shir Co-Operative Premises Society .Td., Mumbai Thr.Its Authorised Rep.Rahul Dhawan v. Dolly R. Rustomji
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION. NO. 10881 OF 2025 IN FIRST APPEAL( ST) NO. 32782 OF 2024 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II) DATE : 10/09/2024 Adv. Suraj Shejwal i/by Adv.
Pradeep Gole present for applicant As per office note, notice issued to sole respondent is returned unserved with Bailiff's remark dated 20/05/2025, "Not found at above address, on inquiries with present inmate lady and neighbor, they informed that the said premises since long back and present whereabout not known to them". The learned advocate for applicant has filed affidavit of service with permission of the Hon'ble Court dt. 20/06/2025 stating that private notice of hearing of inrerim application to respondent on 10/06/2025 by registered post.
The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the sole respondent is by way of substituted service.
The Learned Advocate has taken out present Interim Application to serve sole respondent by way of substituted service. Address of sole respondent mentioned in the above notice is same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court.
In turn, Interim Application No. 10881 of 2025 for substituted service is allowed in terms of prayer clause (a), returnable by 10 weeks.
The learned Advocate for the Applicant is directed to collect copy of Publication Notice from the department within two weeks and thereafter, publish the same in the newspaper and file published copy of newspaper within 08 weeks from the date of this order. The learned Advocate is directed to do all the exercise within 10 weeks from the date of this order.
Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-10.09.2025