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Bombay High CourtCHOL/248/2025disposed off

Variinder @ Rajan S/O Darrshan Khanna v. Narresh Darrshan Khanna And 15 ORS

2025-06-18E.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 : 18th June, 2025 CALLED FOR DIRECTION:

1.CHOL/248/2025 In S/343/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ghanshyam Mishra a/w. Ms. Ekta Bhalerao and Ms. Ekta Mistry, Advocate for the Applicant / Plaintiff. Mr. Mani Thevar i/b. Ganesh and Co., Advocate for the Defendant No.11.

P. C. :

1.

The present Chamber Order is taken out to serve the Writ of Summons upon the Defendant No.14 viz. Chairman/Secretary of Kamal Phool Co-operative Housing Society Ltd., by way substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Plaintiff is seeking to paste the Writ of Summons at the address of Defendant No.14 as well as to publish in two newspapers viz. "Free Press Journal" in English Language and "Navashakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 29th April, 2025 annexed to Chamber Order and the Additional Affidavit dated 17th June, 2025 tendered today, which is taken on record. It is stated in the said Affidavit in Support that the Writ of Summons sent for service through the Bailiff upon the Defendant No.14 and the Bailiff has reported that the office of the Defendant No.14 was not found in the said building. It is stated in the Additional Affidavit that the Defendant No.14 could not be served as the building have gone in redevelopment and entire building has been vacated by the ..2/-

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

occupants and no contact person is available. The Plaintiff therefore applies for permission to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and "Navashakti" in vernacular language i.e. Marathi as and by of substituted service upon the Defendant No.14.

4.

For the reasons stated in Affidavit dated 29th April, 2025 annexed to Chamber Order and the Additional Affidavit dated 17th June, 2025, the present Chamber order is granted, and the same is signed separately.

5. Plaintiff to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English language and one in "Navashakti" in Marathi newspaper vernacular language, within four weeks from the date of uploading the order.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 18.06.2025