Allowed an application for substitute service on unserved respondents. Directed applicants to publish notice in two leading newspapers in English and vernacular languages within eight weeks.
Substitute service by publication of notice in two leading newspapers (one English, one vernacular) within eight weeks.
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364.14-cac
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE SIDE JURISDICTION.
CIVIL APPLICATION NO.364 OF 2014
IN APPEAL FROM ORDER NO.1253 OF 2013 IN CHAMBER SUMMONS NO.959 OF 2007 IN SUIT NO.8591 OF 1969
Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders Mr.Prateek Saksaria a/w. Bhavin Gada a/w. Tushar Ingale i/b. Maniyar Srivastava Assocaites for the Applicants. Mr. Kalpesh Joshi for Respondent No.1. Mr. Vijay B. Dhingreja for Respondent No.9(A) and 9(C). Mr. Rajendra R. Mishra for Respondent No.12(A) to 12(E). Ms. Poonam Mital for Respondent Nos.11A(I) to 11A(III). Mr. S. B. Deshmukh for Respondent No.11D. Respondent No.11B(i) present in court.
CORAM : K. K. TATED, J. DATE : JUNE 25, 2014 P.C.:
Basavraj G Patil
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364.14-cac
a) Civil application is allowed.
b) The Applicants are permitted to serve the unserved Respondents stated in paragraph 1 of the Civil Application by publication of a notice in two leading news papers; one in English and another in vernacular.
c) Publication to be done within eight weeks from today.
d) Civil application stands disposed off accordingly.
JUDGE
Basavraj G Patil
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2 issues framed by the court
Whether substitution of service on unserved respondents is maintainable.
Whether publication of notice in newspapers is an appropriate mode of substitute service.
Applicants
Respondent No.1
Respondent No.9(A) and 9(C)
Respondent No.11A(I) to 11A(III)
Respondent No.12(A) to 12(E)
K. K. TATED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
