MCA permitting substitute service by affixation for certain respondents and granting leave to drop respondent no.7 from appeal proceedings.
Leave granted for substitute service by affixation; leave granted to drop respondent no.7 from appeal proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
26-MCA-51-2020..DOC
Vinita
IN THE HIGH COURT OF BOMBAY AT GOA. MISC. CIVIL APPLICATION NO. 51 OF 2020 IN
SECOND APPEAL NO. 36 OF 2016.
SUBHASH BHISSO NAIK AND ANR., VS
ANTONIO JAWAHARLAL PIMENTA (DEC) AND 6
...Applicants.
…Respondents.
Mr. I. Santimano, Advocate for the applicants.
Ms. R. Banaulikar, Advocate holding for Mr. V.Menezes, Adoate for the respondent nos.2(A and B).
Ms. S. Shaikh, Advocate for the respondent nos.3 and 4.
CORAM: SANDEEP K. SHINDE, J. DATE: 12th July, 2022.
P.C.:
1. By this application, the applicants seek to serve respondent nos.
2(c), 2(d), and 5 by substitute service by affixation and also seeks leave to drop and delete respondent no. 7.
2. Heard learned Counsel for the applicants. Perused the bailiff report.
3. In view of the bailiff's report, the applicants
are permitted to serve respondent no.2(c), 2(d), and 5 by
26-MCA-51-2020..DOC
substitute service by affixation.
4. In view of the averments in paragraph 5, the applicants are permitted to drop respondent no.7 from the appeal proceeding. Amendment to be carried out forthwith.
5. Application is made absolute in the aforesaid terms.
SANDEEP K. SHINDE,J.
VINITA VIKAS NAIK Digitally signed by VINITA VIKAS NAIK Date: 2022.07.12 18:28:58 +05'30'
Page 2 of 2
3 issues framed by the court
Whether leave can be granted for substitute service by affixation for specific respondents and to drop respondent no.7?
Whether amendment is permitted to delete respondent no.7 from appeal proceedings?
Whether application for substitute service and amendment can be made absolute?
1 provisions across 1 enactments
SUBHASH BHISSO NAIK AND ANR.
ANTONIO JAWAHARLAL PIMENTA (DEC) AND 6
SANDEEP K. SHINDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
