The High Court of Judicature at Bombay allowed a civil application for substitute service of process via newspaper publication due to unserved notices.
Civil application for publication of notice in 'Raigad Times' and 'Krushival' is allowed, returnable by 8 weeks.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.705 OF 2017
IN
FIRST APPEAL NO.683 OF 2015
Office Notes, Office Memoranda of Coram, appearance, Court’s orders or directions Court’s or Judge’s orders and Registrar’s orders Advocate Rahul Mehta h/f. KMC Legal Venture Present for Appellant. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 27th March, 2019
This matter has placed for substitute service by way of the Publication in Newspapers namely “Raigad Times” and “Krushival”. Perused records. It appears that R.P.A.D. Notice issued to Respondent No.3 returned unserved with postal remark “Left”. Moreover, Notice issued to Respondent No.3 is returned unserved with Bailiff remark “Door was locked. Hence Notice pasted on the Door”. The addresses mentioned in the above Notices are similar addresses mentioned in Appeal Memo and also in Judgment of the Lower Court of The Member, M.A.C.T. Thane.
This is sufficient to allow the application regarding substitute service of Respondent No.3 by way of Publication in Daily Newspapers “Raigad Times” and “Krushival”. In view of this, Civil Application for Publication is allowed in terms of prayer clause (a), (b), returnable by 8 weeks. sd/Registrar (Judl.-II) dsm – R(J-II) – 27.03.19
1 issue framed by the court
Whether substitute service of process in newspapers is permissible given return-of-service remarks.
Appellant
Respondent No.3
V.R. Kachare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
