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Bombay High CourtIA/2115/2026allowed

Jayesh Kumar Amrutlal Pancholi v. Anil K. Pal And ANR.

2026-03-17Dr.M.S. Deshpande, Registrar (Judicial - Ii)3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION. NO. 2115 OF 2026 IN FIRST APPEAL NO. 1352 OF 2025 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : DR. M.S. DESHPANDE REGISTRAR (JUDL -II) DATE : 17/03/2026 Adv T.R. Kale i/by Adv. T.J. Mendon present for the Applicant As per office note, notice issued to Respondent No. 1 is returned unserved with Bailiff's remark dated 28/10/2025 "respondent No. 1 was not found at the given address. On inquiry with inmate person, he informed that respondent No. 1 left the said premises since last five years and he is presently residing at Dahisar, but, full and detailed address is not known to him."

The learned Advocate for Applicant submits that the applicant was not aware about new address. Thus, according to him,

only option left is to serve the Respondent No. 1 by way of substituted service.

The Learned Advocate has taken out present Interim Application to serve Respondent No. 1 by way of substituted service. Address of Respondent No. 1 mentioned in the above notice is the same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Lower Court. The application is supported by an affidavit executed before a Notary.

In turn, Interim Application No. 2115 of 2026 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)-17.03.2026