The Cosmos Co-Op Bank Ltd., Dadar Branch v. Vivita Ltd, Formerly Known As Ganesh Valley Food Ltd. And Also Vinayak Vivita Ltd

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2025 CALLED FOR DIRECTION:

11.CHOL/359/2025 In N(L)/13059/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayant Gaikwad, Advocate for the Applicant. P. C. :

1. The present Chamber Order is taken out to serve the Notice under Order XXI, Rule 22 of the Code of Civil Procedure upon the Respondent Nos.1 to 4, by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused the Affidavit in Support dated 17th July, 2025 annexed to Chamber Order. Heard. The ld. Advocate for the Applicant submits that the Notice under Order XXI, Rule 22 of the Code of Civil Procedure upon the Respondent Nos.1 to 4, through the Bailiff of Sheriff of Bombay could not be served. He further submits that the upon making enquiry Security of the said building, who informed that the Respondent Nos.2 and 3 were left since long and the premises of the Respondent No.4 found locked and the Bailiff has filed an Affidavit of Service dated 15th July, 2025. The Ld. Advocate further submits that the Notice sent for service upon Respondent No.1 was returned with a Postal remark "Insufficient Address" and "Left Address Return to sender" and the Bailiff has filed an Affidavit of Service dated 15th July, 2025.

He therefore prays that the Applicant be permitted to publish the Notice as and by way of substituted service upon the above Respondent Nos.1, 2, 3 and 4 by publishing in two newspapers viz. "Business Standard" in English Language and in "Business Standard" in vernacular language i.e.

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

Hindi, as per the Schedule annexed to the Chamber Order. 3.

For the reasons stated in Affidavit dated 17th July, 2025 annexed to the Chamber Order, the Chamber Order is allowed and the same is signed separately. The Applicant is directed to publish the Notice in two newspapers viz. (1) "Business Standard" in English and (2) "Business Standard" in Hindi language, within four weeks from the date of uploading the order.

4. 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 31.07.2025