Disposed

Chelamma Balkrishna Iyer, Mumbai. v. Hema Rohit Dharamshi, Bombay.

Bombay HC16 Oct 2009NMA/3505/2009

Case brief

AI extract

What is this about?

The single judge accepted service of the Notice of Motion via courier following a return of registered post. An interim order conditioned the appellant's filing of an undertaking within ten days. The notice stands disposed of upon the appellant's compliance with the undertaking condition.

What did the court decide?

Notice of Motion disposed; interim order passed requiring filing of undertaking by 10th November 2009.

Chelamma Balkrishna Iyer, Mumbai. Vs Hema… — Civil Procedure and Limitation | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.3505 OF 2009
IN
APPEAL NO.379 OF 2009
IN
SUIT NO.1186 OF 1995

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Chelamma Balkrishna.....Appellant
 vs.
Hema Rohit Dharamshi....Respondents

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Mr.J.S. Kini, i/by Suresh Dubey for appellant.
None for respondents.

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CORAM : J.N. PATEL & SMT.R.P.SONDURBALDOTA, JJ.

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DATED : 16th October, 2009.

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PC :

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1.The appellant has served the Notice of Motion on the
respondent- original plaintiff through courier service. Earlier
when an attempt was made to serve the respondent by registered Post
A/D. The same was returned with the endorsement “the address is
incomplete”. We accept service of notice through courier. The
interim order in terms of prayer clause (a), on the appellant’s
giving an undertaking to this Court that she would not alienate or
create any encumbrance of the nature which may affect the title of
the suit flat, without permission of this Court. The said
undertaking be filed on/or before 10th November 2009. Failure to
file an undertaking, would result in recalling of the order and
dismissal of Notice of Motion No.3505 of 2009. The Notice of Motion
stands disposed of accordingly.

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(Smt.R.P.SondurBaldota,J.)

Chelamma Balkrishna Iyer, Mumbai. v. Hema Rohit Dharamshi, Bombay.

Case brief

What is this about?

What did the court decide?

Chelamma Balkrishna Iyer, Mumbai. v. Hema Rohit Dharamshi, Bombay.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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