The Registrar permitted substituted service via newspaper publication on the respondent's last known address as the applicant demonstrated the respondent was avoiding personal service while residing at the registered address.
Order allowing substituted service through newspaper publication on the respondent's last known address.
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CAW No. 1942/2024 in Writ Petition No. 188/2023
Coram : Registrar (Judicial) Dated :30.08.2024
This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent sole by paper publication. It is stated in the application that the notice issued to the aforesaid respondent received back unserved. It is further stated that the respondent is aware of filing of the present Writ Petition against him as informed by him by way of Pursis before Labour Court in IDA Case No. 17/2022 and thus the respondent is avoiding the service of notice though still residing on the registered address as mentioned in the proceedings below. The applicant thus prays for substituted service upon aforesaid respondent for effective adjudication of the matter. The application is supported by affidavit.
Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondent by substituted service on last known address.
Substituted service be effected upon the aforesaid respondent sole by publishing notice in widely circulated local daily newspaper where the aforesaid respondent is lastly known to have resided, in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.
(D.P. Satawalekar) Dated:30.08.2024 Registrar(Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 04/09/2024 15:56:20
1 provisions across 1 enactments
Applicant
Respondent
As recorded by the court registry
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