Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.294 OF 2020
IN
COOMERCIAL SUIT NO.183 OF 2020
IN
SUIT NO.2778 OF 2018
Bank of India ... Plaintiff
V/s
1. Mr.KAILASH KAMALPRASAD NAUTIYAL
2. MRS.DEEPALI ATMARAM NAGARGOJE
guarantor of Mr.Kailash K.Nautilal. ....Defendants
APPEARANCE:-
Advocate Nigvekar for plaintiff.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 13th February, 2020
ORDER
Heard Ld. Counsel Nigwekar for plaintiff. Perused record
and contention in the affidavit.
It is submitted by the plaintiff that the defendants had left
his address as reported by post office and accordingly he has filed
affidavit in support of Chamber Summons. It is further submitted
that appearance of defendant is required to be necessary for
settlement of issues and therefore, substitute service of summons
may be granted for appearance of defendant.
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I have perused the affidavit in service submitted by the
plaintiff as the report of writ of summon is returned unserved by
the post office with the remark that “Addressee left”. When the
defendant has left address then it is very difficult to the
office/postal authority to deliver writ of summons to the defendant
and therefore, it is necessary on the part of plaintiff to publish the
writ of summons in the local newspapers for appearance of
defendant. Hence I proceed to pass following order.
ORDER
1) Chamber Summons No.294/2020 is allowed.
2) Plaintiff is permitted to publish writ of summons in the local
newspaper “Free press journal” (English) and “Navshakti”
(Marathi).
3) Plaintiff to bear expenses of publication.
4) Plaintiff is directed to tender affidavit of service.
Date:-13/02/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Direct Dictated on :- 13/02/2020
H.H.J.Signed on :- 13/02/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/02/2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
13/02/2020
JUDGMENT/ORDER signed by P.O. on 13/02/2020
JUDGMENT/ORDER uploaded on 13/02/2020
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