Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010002812019
CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.31 OF 2020
IN
S.C. SUIT NO. 477 OF 2019
CANARA BANK ] ...Plaintiff
Versus
SADARUDDIN HAFIJ MIRZA ] ...Defendant.
Appearances :-
Ms. Shaileja Shukla, Ld. Adv. for plaintiff.
None for defendant.
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.
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
MHCC010002812019
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03.04.2019. The said packet of writ of summons returned with
endorsement “Incomplete address”. 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 “Incomplete”. Therefore, service is
not done. Perused plaint. The address of defendant mentioned name
“Sadarudding Hafij Mirza, Age Adult 2038, Shastri Nagar Part 1,
Baiganwadi, Shivaji Nagar, 90 Feet Road, Govandi, Mumbai – 400 043.
The detailed address of defendant with postal code is given.
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.
6. According to the Board Department the Address mentioned
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of defendant is “Incomplete” but address mentioned of defendant in the
plaint shows detailed address with postal code. 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. 31 of 2020 in Suit No.477 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 03.55 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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