Bhagyalaxmi Builders And Developers Through Partner Sudeep Kumar Ravi Kumar v. Prabhakar Kunte Cooperative Society Limited And ORS

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th July, 2025 CALLED FOR DIRECTION:

8.CHOL/326/2025 AMH20240131265C202500003 In EXA/3322/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nikhil Waghmare i/b. Pirani and Co., Advocate for the Applicant.

P. C. :

1. The present Chamber Order is taken out to serve the Notice upon Respondent No.68, by way of substituted service as per the Schedule annexed to the Chamber Order.

2. Perused Schedule. The Applicant 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. The Ld. Advocate for the Applicant submits that the above Execution Application was filed by the Applicant to execute the Decree dated 30th April, 2008. He further submits that since the Application was filed beyond two years from the date of passing the Decree, the Notice under Order XXI, Rule 22 of Code of Civil Procedure 1908 was issued against the Respondent No.68 to show cause why the Decree dated 30th April, 2008 should not be executed after the expiry of two years from the date of Decree. The Ld. Advocate further submits that the said Notice was sent for service through the Sheriff of Bombay and the Bailiff has reported that he could not serve the Notice upon Respondent No.68 has shifted from the said premises and the whereabouts of the said company not known. He therefore prays that the Chamber Order be allowed and the be permitted to publish the Notice as per the Schedule annex to the Chamber Order.

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4.

For the reasons stated in Affidavit dated 9th May, 2025 annexed to the Chamber Order, the Chamber Order is allowed. The Applicant is directed to serve the Notice in two newspapers viz. (1) "Free Press Journal" in English and

(2) "Navshakti" in Marathi language, within two weeks from the date of uploading the order.

5. 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 17.07.2025