Final Order 1

Order Details: Chamber summons
Pdf Text: Order on CS No.24/19 in Sum.Suit No.1065/17
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 24 OF 2019
IN
SUMMARY SUIT NO. 1065 OF 2017
CNR: MHCC010001872019
Mukesh Champalal Munot
Son of the Champalal Munot,
Aged 38 years, Occ: Business,
Indian Inhabitant of Mumbai
carrying on business under the
name and style of Kunj International
at 4/2, Alankar Cinema, building,
S.V.P. Road, Mumbai 400004. ….Plaintiffs
versus
1. M/s. Pranay Enterprises,
A firm
2. Sanjay Jhalam
Full name not known, adult,
age not known, Occ: Business,
3. Subhash Pranay
Full name not known, adult,
age not known, Occ: Business,
Defendant Nos. 1 to 3 commonly at
Office No.i.e. 1/118,
Shree Diamond Centre, LBS Marg,
Vikhroli, Mumbai 400 083.
4. Indian Bank,
A Nationallized Bank,
Borivali (East) Branch,
at National Education Society
Gurukul Universal School,
Ashokvan, Borivali East,
Mumbai – 400 068. ... Defendants
Shri. Tripathi, Advocate for plaintiff.
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Order on CS No.24/19 in Sum.Suit No.1065/17
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CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 05/01/2019
ORAL ORDER
1) The Chamber Summons is filed by the plaintiff under
Order 5 Rule 20 of Code of Civil Procedure to serve the defendants
through substitute service. The defendants are not been able to
service with the summons as they have left/not known. The
plaintiff is having address of last known defendants. Hence, prayed
to allow the application.
2) Heard advocate Shri. Tripathi for plaintiff.
3) I have gone through the report of service of summons
to the defendant alongwith the affidavit. The summons to the
defendants are not served as they are left/not known. The plaintiff
is giving address mentioned in the title of the plaint as the address
of the defendants. Therefore, the prayer of the plaintiff to serve the
defendants by substitute service through publication in the
newspaper needs to be allowed. Hence, pass following order :
ORDER
1. Chamber Summons No.24 of 2019 is allowed.
2. The plaintiff is allowed to serve summons to the
defendant Nos. 1 to 3 by substitute service i.e.
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Order on CS No.24/19 in Sum.Suit No.1065/17
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paper publication videly “National Newspaper”
circulated in English.
(S.S. Nagur)
Date : 05/01/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 05/01/2019
Transcribed on: 07/01/2019
Signed on : 07/01/2019
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