Allowed an application for substitute service of process on Respondent No.5 via newspaper publication due to failed direct and R.P.A.D. notices citing incorrect/completed addresses.
Application for substitute service by newspaper publication allowed, returnable in 8 weeks.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2757 OF 2018 IN
FIRST APPEAL ST. NO.25787 OF 2017
Office Notes, Office Memoranda of Coram, appearance, Court’s orders or directions Court’s or Judge’s orders and Registrar’s orders None Present. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 28th March, 2019 This matter has placed for substitute service by way of the Publication in Newspaper namely “Free Press Journal” and “Navshakti”. Perused records. It appears that Notice issued through Bailiff to Respondent No.5 returned unserved with remark “Incomplete address, hence returned”. Moreover, R.P.A.D. Notice issued to Respondent No.5, returned unserved with postal remark “Incorrect address”. The addresses mentioned in above Notices are similar addresses mentioned in Appeal Memo and also in Judgment of Lower Court of Additional Member, M.A.C.T., Thane.
This is sufficient to allow the application regarding substitute service of Respondent No.5 by way of Publication in daily Newspaper “Free Press Journal” and “Navshakti”. In view of this, Civil Application for Publication is allowed in terms of prayer clause (a), returnable by 8 weeks. sd/Registrar (Judl.-II) dsm – R(J-II) – 28.03.19
1 issue framed by the court
Whether substitute service by newspaper publication is permissible given unserved notices due to incorrect addresses.
Applicant
Respondent No.5
V.R. Kachare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
