Allowed

Casmiro Charles Mario Lobo @ Charles Casmiro Lobo., v. Universal Exports, Rep. by Its Prop., Sayyed Moiruddin Qadri and Anr.

Bombay HC16 Apr 2021CRMA/285/2018

Case brief

AI extract

What is this about?

The High Court at Goa allowed a criminal application seeking to deem service of summons complete on the respondent through newspaper publication as substitute service. The court accepted the applicant's undertaking to regularly pursue the underlying civil complaint to prevent dismissal.

What did the court decide?

Substitute service deemed complete; leave granted; application allowed; applicant permitted to pursue complaint.

Casmiro Charles Mario Lobo @ Charles Casmiro… — Civil Procedure and Limitation | Bombay HC (2021)

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1 904-crma-285-2018 In stm-1397-2018(F)

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IN THE HIGH COURT OF BOMBAY AT GOA

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CRIMINAL APPLICATION NO.285 OF 2018 IN

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STAMP NUMBER (MAIN) NO.1397 OF 2018 (FILING)

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Casmiro Charles Mario Lobo
@Charles Casmiro Lobo.

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 .....Applicant

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V e r s u s

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Universal Exports, rep. by its
prop., Sayyed Moiruddin Qadri and Anr.

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 .....Respondents

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Mr. Jatin Ramaiya, Advocate for the Applicant.

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Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondent
No.2.

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CORAM :NITIN W. SAMBRE, J.

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DATE : 16th April, 2021

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P.C.

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In compliance with the order dated 13.02.2020 permitting the
applicant to carry out substitute service, the affidavit of service is placed on
record thereby deeming compliance of service on the respondent accused by
paper publication dated 13.03.2021.

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2.It appears that the said steps taken by the applicant are in tune

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2 904-crma-285-2018 In stm-1397-2018(F)

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with the provisions of Section 68 of the Cr. P.C. As such, service is
complete.

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3.The learned Magistrate has dismissed the complaint vide order
dated 30.01.2018 as the applicant complainant was absent. The Magistrate
held that the applicant is not interested in pursuing the matter.

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4.The learned Counsel for the applicant assures that the applicant
in case if given chance shall regularly pursue the complaint by extending all
cooperation to the Court of the Magistrate and shall not remain absent in
the proceedings before the Magistrate but for a genuine cause.

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5. The aforesaid statement is accepted as an undertaking.

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6. Leave granted.

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7. The application stands allowed in the above terms.

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NITIN W. SAMBRE, J.

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msr.

Casmiro Charles Mario Lobo @ Charles Casmiro Lobo., v. Universal Exports, Rep. by Its Prop., Sayyed Moiruddin Qadri and Anr.

Case brief

What is this about?

What did the court decide?

Casmiro Charles Mario Lobo @ Charles Casmiro Lobo., v. Universal Exports, Rep. by Its Prop., Sayyed Moiruddin Qadri and Anr.

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

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