Full Order Text
Final Order 1 · 12 Apr 2018 · CNR MHCC010022302018
Order Details: Chamber summons Pdf Text: Ch.s.304/18 Suit 4028/13 1 CNR.NO.MHCC010022302018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.304 OF 2018 IN SUIT NO.104028 OF 2013 M/s.Choksey Chemicals Private Limited .. .. Plaintiff Versus M/s.Progressive Construction Ltd. & others . ...Defendants Advocate Shri. Satyadev Joshi for Plaintiff. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Asstt.Judge CR no. : 32 Dated : 12th April,2018 ORDER 1. Plaintiff taken out this chamber summons for substitute service through paper publication. 2. Plaintiff has filed the present suit against defendant Nos. 1 to 5. Writ of summons by registered post was duly served on defendant No.1, 3,4 but writ of summons against defendant No.2 and 5 not served. Defendant No.2 and 5 are residing on the address as mentioned in the title clause of the plaint are at Hyderabad Andhrapradesh. Therefore, the writ of summons in the name of defendant No.2 and 5 is required to be served through paper publication in the ‘Free Press Journal’ being the national newspaper and ‘Inadu’ being the regional newspaper of Andhrapradesh. -- 1 of 3 -- Ch.s.304/18 Suit 4028/13 2 3. Plaintiff had taken out application vide Exh.8 for substitute service against defendant Nos.1,3 & 4 that application was allowed , but after perusal of the track report of the register post, it found that writ of summons is served on defendant Nos. 1,3 & 4 but inspite of service defendant No.1,3 & 4 not appeared before the court. As it was wrongly mentioned in the application vide Exh.8 for substitute service against defendant Nos.1,3 & 4. Therefore, learned advocate for the plaintiff submitted that plaintiff be allowed to withdraw application vide Exh.8. 4. In view of above discussion, I proceed to pass following order. ORDER Chamber Summons No.304 of 2018 is made absolute in terms of prayer clause(a),(b)&(c). Date : 12/04/2018 (Pushpa N. Rao) Ad hoc Asstt.Judge Bombay City Civil Court Greater Mumbai Dictation Direct typed on computer: 12/04/2018 Signed by HHJ on : 12/04/2018 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 26/04/2018 at (11.10 p.m.) Mrs. J.V.Pawar Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao C.R.No.32 Date of Pronouncement of JUDGMENT/ORDER 12/04/2018 JUDGMENT/ORDER signed by P.O.on 12/04/2018 JUDGMENT/ ORDER uploaded on 26/04/2018 -- 2 of 3 -- Ch.s.304/18 Suit 4028/13 3 . -- 3 of 3 --