Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010011262020
CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.170 OF 2020
IN
S.C. SUIT NO. 3300 OF 2018
The Board of Trustees of the Port of Mumbai.] ...Plaintiff
Versus
1. M/s. Globex International Pvt. Ltd & Ors. ] ...Defendants.
Appearances :-
Ms. Yasmin Sarang, Ld. Adv. for plaintiff.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED : 9th November, 2020
ORAL ORDER
1. Plaintiff took out this Chamber Summons for substitute
service of writ of summons upon defendant No.1 and 3.
2. In brief, it is contention of the plaintiff that writ of
summons issued to defendant No.1 and 3 by RPAD but they returned
with the remark “left” by the concerned Postman, therefore substitute
MHCC010011262020
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service be allowed. Writ of summons be served to defendant No.1 and
3 by way of paper publication.
3. Perused Chamber Summons, affidavit of service Exh.7
dated 07.02.2019. It is reported that writ of summons and plaint
alongwith annexture sent by RPAD to defendant No.1 and 3 but they
returned with remark “left”.
4. I have heard Learned Advocate appearing for the plaintiff.
It appears from the affidavit of service Exh.7 that defendant No.1 and 3
left the said address of defendant No.1 and 3. Therefore, I am of the
opinion that writ of summons alongwith the plaint annexed can be
served to defendant No.1 and 3 by paper publication in two Newspapers
i.e. In English language and No.2 in Marathi language which are videly
circulated in the area where the defendants used to reside or work for
gain. Hence, I proceed to pass the following order:
ORDER
Chamber Summons No. 170 of 2020 in Suit No. 3300 of 2018 is hereby
allowed as under-
1. Writ of summons under order 5 rule 20 of Code of Civil Procedure be
served upon defendant no.1 and 3 through paper publication in two
Newspapers i.e. one in English language newspaper and second in
Marathi language newspaper which are widely circulated in the area
where defendants used to reside or work for gain.
2. The said writ of summons be served as directed above at the costs of
plaintiff.
3. Due to Covid-19 pandemic, it is not proper to give short date for
compliance.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 09/11/2020 City Civil Court, Gr. MUMBAI
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Dictated on : 09/11/2020.
Transcribed on : 18/12/2020.
Checked on : 18/12/2020.
Signed on : 19/12/2020.
( 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”
19.12.2020 at 02.50 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 09.11.2020
Judgment/order signed by P.O. on 19.12.2020
Judgment/order uploaded on 19.12.2020
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