Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010136722018
CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.30 OF 2020
IN
S.C. SUIT NO. 741 OF 2019
CANARA BANK ] ...Plaintiff
Versus
Somnath Maruti Shirke ] ...Defendant.
Appearances :-
Ms. Amruta Sawant, Ld. Adv. for plaintiff.
Mr. Ravi Irle, Ld. Adv. for defendant No.1.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED : 2nd December, 2020
ORAL ORDER
1. Plaintiff took out this Chamber Summons to permit to
substitute service of writ of summons upon defendant.
MHCC010136722018
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- 2 - CH-S 30/20 in
SC Suit 741/19
2. In brief, it is contention of the plaintiff that copy of writ of
summons sent to the defendant through Board Department by RPAD on
03.04.2019. The said packet of writ of summons returned with
endorsement “Left”. Plaintiff does not have other address of defendant.
Therefore, writ of summons be served to the defendant by substitute
service by publishing the same in News Paper in “Free Press Journal”
English News Paper and “Navshakti” Marathi News Paper.
3. Perused affidavit of service Exh.2. It is mentioned therein
that the address of the defendant is “Left”. Therefore, service is not
done. Perused plaint. The address of defendant mentioned name
“Somnath Maruti Shirke”, Age not known, Adult Room No.103, Vastu
Vihar Soc K H 1/20, B Sector 16/17, Near Dev School, Kharghar, Navi
Mumbai, Dist Thane -410210.
4. Perused Order 5 Rule 20 of the Code of Civil Procedure
where the Court is satisfied that there is reason to believe that the
defendant is keeping out of the way for the purpose of avoiding service,
or that for any other reason the summons cannot be served in the
ordinary way, the Court shall order the summons to be served by
affixing a copy thereof in some conspicuous place in the Court house,
and also upon some conspicuous part of the house (if any) in which the
defendant is known to have last resided or carried on business or
personally worked for gain.
5. Heard Learned Advocate for plaintiff. Perused
Chamber Summons and Affidavit in support of Chamber Summons.
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SC Suit 741/19
6. According to the Board Department the Address mentioned
of defendant is “Left”. Therefore, I am of the opinion that writ of
summons can be served to the defendant under Order 5 Rule 20 of the
Code of Civil Procedure. Hence, I proceed to pass the following order:
ORDER
Chamber Summons No. 30 of 2020 in Suit No.741 of 2019 is allowed as
under :
1. The writ of summons be served to the defendant by
affixing a copy thereof in some conspicuous place in the
Court house, and also upon some conspicuous part of the
house of defendant if any, in which defendant used to
reside or used to carry on business.
2. The Plaintiff is also directed to serve the writ of summons
to defendant by advertisement in a News Paper which is
widely circulated in the locality in which defendant is last
known to have actually and voluntarily resided, carried on
business or personally worked for gain.
3. The said writ of summons be issued at the cost of plaintiff.
4. The said writ of summons be issued in two News Papers,
(1) in English News Paper and (2) in Marathi News Paper.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 02/12/2020 City Civil Court, Gr. MUMBAI
Dictated on : 02/12/2020.
Transcribed on : 11/12/2020.
Checked on : 11/12/2020.
Signed on : 15/12/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.12.2020 at 03.50 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 02.12.2020
Judgment/order signed by P.O. on 15.12.2020
Judgment/order uploaded on 16.12.2020
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