Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/S.956/2019
MHCC010050892019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO. 956 OF 2019
IN
SUIT NO. 1207 OF 2018
1. Mr. Sachin Rohidas Todankar
and Ors., ...Plaintiffs
V/s.
1. Chandrabhaga Co-operative
Housing Ltd., & Ors. ...Defendants
Appearance
Mr. Vishal Ghosalkar Advocate for the plaintiffs
Mr. Bhimrao Powar Advocate for the defendant No.1
CORAM : HHJ R. S. Aradhye
(C.R.NO.62)
Date : 9th August, 2024
O R D E R
1. The present chamber summons is taken out by the
plaintiffs for granting permission to effect the service of writ of
summons upon defendant No. 2 and 11 by way of substituted service as
per Order 5 Rule 17 of the Code of Civil Procedure, 1908. Defendant
No.1 and 3 to 5, 7, 9 and 10 have filed their affidavit in reply and raised
only one contention that defendant No. 2 is now no more, so chamber
summons automatically becomes in-fructuous against him. Whereas
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defendant No. 11 is concerned, he is residing in USA, so it cannot be
executed as prayed. Heard both the sides.
2. During the proceeding plaintiffs have not pressed the
chamber summons against defendant No. 2. In so far as defendant No.
11 is concerned, the address mentioned in the plaint which discloses
that he is residing at Mumbai. Learned Counsel for the plaintiff has
raised the contention that defendants have not furnished the USA
address of defendant No. 11 to him, so he is not in a position to serve
the summons where he is residing. I find substance in the said
submission, because except the sentence of residence in USA nothing
more stated by the defendants in their reply as well as not produced
anything on record. With this, I come to the conclusion that chamber
summons deserves to be allowed, in the result, accordingly following
order is passed.
ORDER
1. Chamber Summons No. 956 of 2019 is made absolute in terms
of prayer clause (a).
2. Permission is granted to the plaintiffs for issuing summons
against defendant No. 11 as per Order 5 Rule 20 Sub-rule 1(a) of
the Civil Procedure Code, 1908.
3. Plaintiffs by pursis submit the name of news paper through
which they want to effect the writ of summons to defendant
No.11.
4. Chamber Summons No. 956 of 2024 is disposed of accordingly.
(R. S. Aradhye)
Date : 09.08.2024 Judge,
Dictated on : 09/08/2024 City Civil Court,
transcribed on : 12/08/2024 Mumbai.
Signed on : 13/08/2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
13.08.2024 5.10 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 09.08.2024
Order signed by P.O. on 13.08.2024
Order uploaded on 13.08.2024
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