The court allowed an interim application for substituted service by publication in local newspapers of Ghaziabad for a respondent whose notice was returned unclaimed, and ordered re-issue of notice for another respondent.
Publication of notice allowed in Ghaziabad newspapers; re-issue of notice to Respondent no.1 ordered.
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.
14-IA-13788-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.13788 OF 2023
IN
FIRST APPEAL (ST) NO.3489 OF 2021
SHRI. FARMAN ALI IBRAHIM BHOMBAL)...APPLICANT
V/s.
SITARAM CHOTELAL ADIWASI & ORS.
)...RESPONDENTS
WITH
INTERIM APPLICATION NO.16730 OF 2022
IN
FIRST APPEAL (ST) NO.3489 OF 2021
Ms.Shagufa Patel i/by Ms.Yashasvita Apte, Advocate for the Applicant/
Appellant.
CORAM:ABHAY AHUJA, J.
DATE:3rd AUGUST 2023
P.C. :
1.This Interim Application seeks substituted service by publication
of notice on Respondent no.2 on the ground that the said notice had
been returned with the remarks ‘Unclaimed’ when it was sought to be
served at the last known address of the Respondent no.2. Learned
Counsel for the Applicant would submit that the Respondent no.2
resides in Ghaziabad area of Uttar Pradesh and accordingly, the
publication of the notice be allowed in local newspapers of Ghaziabad.
avk 1/2
14-IA-13788-2023.doc
2. Having heard the learned Counsel and having perused the application, the application is made absolute in terms of Prayer clause 10(i).
3. Let the publication be made within a period of four weeks and let an appropriate affidavit enclosing the said publication be filed within a period of two weeks thereafter.
4. Interim Application stands disposed.
INTERIM APPLICATION NO.16730 OF 2022
5. Learned Counsel informs that service to Respondent no.1 is not complete, and therefore, a fresh notice be issued.
6. Re-issue notice to Respondent no.1, returnable on 31st August 2023 .
7. Let an appropriate affidavit of service be filed within a period of two weeks thereafter.
8. List on 14th September 2023 .
(ABHAY AHUJA, J.)
avk 2/2
3 issues framed by the court
Whether to allow substituted service by publication for a respondent whose notice was returned as unclaimed.
Whether to permit re-issue of notice when service on a respondent remains incomplete.
Whether to fix a timeline for publication of notice and filing of affidavit.
SHRI. FMARAN ALI IBRAHIM BHOMBAL
SITARAM CHOTELAL ADIWASI & ORS.
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court