Allowed

Naushad Jalili v. B S Raghvendra Bhatt and Ors.

Bombay HC6 Feb 2015CAF/456/2015

Case brief

AI extract

What is this about?

Single judge allowed civil application for substitute service by publication of notice in a daily newspaper for respondent no.1. Applicant directed to provide correct address of respondent no.3 to enable service notice.

What did the court decide?

Court allowed application permitting service of respondent no.1 by publication in Daily Business Standard Bangalaru and directed provision of address for respondent no.3.

Naushad Jalili Vs B S Raghvendra Bhatt and Ors. — Execution and Attachment | Bombay HC (2015)

¶1

911 caf456-15.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

CIVIL APPLICATION NO.456 OF 2015 IN

¶4

FIRST APPEAL NO.1357 OF 2011

¶5

Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

¶6

Mr.D.D.Shinde for the applicant

¶7

Mr.C.M.Lokesh for respondent no.2 i/b M/s.G.S.Hegde and Associates for the respondent no.2

¶8

CORAM : K.K.TATED, J. DATED : 06/02/2015

¶9

PC :

¶10

1 Heard the learned counsel for the parties.

¶11

2 This application is preferred by original claimant for substitute service under Order 5 Rule 20 of the Code of Civil Procedure for serving respondent nos.1 and 3 by publication in newspaper.

¶12

3 Respondent no.3 is United India Insurance Co.Ltd. Applicant is directed to provide the present correct address of respondent no.3 within four weeks from today. If present correct address is provided by the applicant, office is directed to issue notice to the respondent no.3.

1/3

Mohite

911 caf456-15.doc

4 Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing them to serve respondent no.1 by publication. Hence, the following order:

¶17

a) Civil Application is allowed in terms of prayer clause (b) permitting applicant to serve respondent no.1 by publication which read thus:

¶18

“(b) Applicant may be permitted to public the notice in Daily Business Standard Bangalaru.”

¶19

b) Applicant is permitted to provide present correct address of respondent no.3 within four weeks from today. c) If present correct address of respondent no.3 is provided within stipulated time as stated hereinabove, office is directed to issue notice to respondent no.3, returnable after eight weeks. d) In addition to usual mode of service, the applicant is directed to serve the Respondent no.3 by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before next date.

2/3

Mohite

911 caf456-15.doc

e) Civil Application is disposed of accordingly.

¶24

(K.K.TATED, J.)

¶25

3/3

¶26

Mohite

Naushad Jalili v. B S Raghvendra Bhatt and Ors.

Case brief

What is this about?

What did the court decide?

Naushad Jalili v. B S Raghvendra Bhatt and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Ramesh Kumar Wadhwa Vs Municipal Corporation of Greater Mumbai and 3 Ors.

M/S Apul Textiles Pvt. Ltd. Vs Mrs. Kavita Sapan Das

Shri. Ramji Sakharam Rao Vs Fatima Abdullah Jendi and Ors.

Smt. Priyali Dattatraya @ Rajendra Jagtap and Ors. Vs Icici Lombard General Insurance Co. Ltd.

The Chembur Gymkhana through Its Executive Secretary Mr. Vijay Padlekar Vs Municipal Corporation of Greater Mumbai

Mr. Shakeel Ahmed Khalid Ahmed Ansari Vs Maharashtra Housing Area Development Authority (Mhada)