TrustJury record updated 30 Sept 2026
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Date: 25-01-2021
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. L. K. Tripathi for plaintiff present and tendered registered Ch/s No. 707/20 along with affidavit. Tor.
Adv. Madhu Surana for defendant no. 7 to 17 present.
On oral request of Ld. Adv. for defendant matter is adjourned.
Adjd to 24.02.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Parag Shah for defendant no. 7 to 17 present and tendered reply to Ch/s No. 707/20. Copy served to other side.
Heard arguments of both side.
Adjd to 25.02.2021 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Nadeem Shama for plaintiff present.
None for defendant.
Order on Ch/s no. 707/20.
This is a Chamber summons for substituted service upon defendants no. 1 to 6 and respondents no. 28 to 41. It is contended by the plaintiffs that they tried to serve copy of Ch/s no. 633/2018 upon defendants no. 1 to 6 and respondents no. 28 to 41 but they could not be served on their last known address. It is therefore, the plaintiffs are seeking publication of the notice in the Marathi daily news paper Navshakti which is in circulation in the locality where these defendants and respondents reside.
The defendants no. 7 to 17 have resisted the prayers contending that the respondents are not necessary or proper parties to the suit, the plaintiffs are delaying a time bound suit, the addresses of those defendants and respondents are incorrect and therefore, no purpose will be served by publishing the notice in the news paper.
After going through the Ch/s and affidavit in reply and hearing both sides, it is evident that the plaintiffs have filed Ch/s no. 633/2018 to add respondents as defendants in the suit. It is also the matter of record that proposed respondents no. 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 have appeared by filing vakalatnama of M/s. Eram Quraishi. Therefore, substituted service upon these respondents is not necessary.
In the affidavit along with Ch/s, the plaintiffs have stated that they tried to serve notice to the defendants no. 1 to 6 and respondents no. 28 to 41 on their last known addresses. But they were not available at the said addresses. From the above, it appears that the present address of these persons is not available to the plaintiffs. Due to the above the notices cannot be served in the ordinary way. The objection to the Ch/s is primarily based on merits of Ch/s no. 633/2018 and the same cannot be considered for deciding the instant ch/s. Therefore, following order is passed -
ORDER
1. The Ch/s no. 707/2020 is allowed.
2. The notice of Ch/s no. 633/2018 be served to defendants no. 1 to 6 and respondents no. 28 to 41 by publication of the notice in Marathi daily news paper Navshakti, a news paper circulating in the locality in which the defendants and respondents are last known to have actually resided.
3. Next date i.e. 01.04.2021 is fixed for appearance of defendants no. 1 to 6 and respondents no. 28 to 41.
Nature Of Disposal: ALLOWED
Disposal Date: 25-02-2021Filing Number: 103672/2020 Filing Date: 09-12-2020 First Hearing Date: 25th January 2021 Decision Date: 25th February 2021 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Order Details: Chamber summons Pdf Text: Order on Ch/s no. 707/20. This is a Chamber summons for substituted service upon defendants no. 1 to 6 and respondents no. 28 to 41. It is contended by the plaintiffs that they tried to serve copy of Ch/s no. 633/2018 upon defendants no. 1 to 6 and respondents no. 28 to 41 but they could not be served on their last known address. It is therefore, the plaintiffs are seeking publication of the…
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