Registrar allowed an interim application for substituted service of notice on Respondent No. 4 by newspaper publication, after ordinary notice was returned unserved, and directed the applicant to file an affidavit of service with published copies within eight weeks.
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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3798 OF 2025 IN FIRST APPEAL NO. 1329 OF 2013
Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders
CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)
DATE : 13/03/2025
Adv. Alok Bagla present for Applicant
The learned Advocate for the applicant has filed present Interim Application to serve Respondent Nos. 4 by way of substituted service i.e by publishing notice in daily newspapers.
As per office note, the notice of Respondent No. 4 is returned unserved with Bailiff’s remark dated 30/03/2019, “gone out, no fix time to return, hence pasted.”
The learned Advocate for Applicant is not aware about new address. Thus, only option left is to serve the Respondent Nos. 4
by way of substituted service.
The address of Respondent No. 4 mentioned in the notices are same as mentioned in Interim Application and in memo of First Appeal as well as in Judgment of the Trial Court.
In turn, Interim Application No. 3798 of 2025 for substituted service is allowed in terms of prayer clause (a). The learned Advocate for the Applicant is directed to collect copy of Publication Notice from the department within two weeks and thereafter, to file affidavit of service of notice alongwith published copies of notice of newspapers in the department within 08 weeks without fail.
sat-R(J-II)-13.03.2025
Applicant (Interim Application No. 3798 of 2025 in First Appeal No. 1329 of 2013)
Respondent No. 4
S. R. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
