Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1331 OF 2019
IN
S.C.SUIT NO.2357 OF 2016
Corporation Bank ..... Plaintiff
V/s
1. Mr.Rajesh Narsimharao Dara.
2. Mr.Narsimharao Dara.
3. M/s.P.M.Dimensions Pvt.Ltd. .....Defendants
APPEARANCE:
Ld.Counsel Vaishali Kurle for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 03rd October, 2019
ORDER
Perused Chamber Summons @ Affidavit in Support.
Heard, Ld. Counsel for plaintiff Vashali Kurle.
It is submitted by the plaintiff that he had filed suit against
defendant for recovery of bank amount. It is further submitted the
defendants obtained loan amount from bank they failed to repay bank
loan amount. And therefore, plaintiff bank has filed suit against them
and writ of summons were sent to their permanent address at
Dammapeta, Andhra Pradesh. However, postal envelope returned back
unexecuted. It is further submitted that appearance of defendants
before the court is necessary for settlement of issues. However, they
could not trace out in their respective address and therefore plaintiff
prayed for substitute service.
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I have perused record, in view of affidavit in service. Plaintiff has
filed postal envelope on record. Perusal of postal envelop shows that the
plaintiff had sent writ of summons through registered post to the
address of defendants nos.1 and 2. However, remark shows that postal
authorities had given remark “left without instruction”. Envelope of writ
of summons are not executed to the defendants. Prima facie looking
into the allegation against defendants in the suit. It is disclosed that
they are customers of plaintiff bank and there are some transaction in
between plaintiff and defendant. So the appearance of defendants is
required before the court for settlement of issues. I am of the opinion
that plaintiff is entitled for substitute service of writ of summons for the
appearance of defendants. Hence, I proceed to pass following order.
ORDER
1) Chamber Summons No. 1331 of 2019 is allowed.
2) Plaintiff is permitted to publish writ of summons against
defendant nos. 1 and 2 in the two local newspapers. One is
English and another “ Andra Pradesh Local language newspaper”.
3) Plaintiff to bear expenses of substitute service.
4) Chamber Summons No.1331/ 2019 is disposed of in the above
terms.
Date:03/10/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 03/10/2019
Typed on :03/10/2019
H.H.J.Signed on :03/10/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03.10.2019 at 12.20 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
03.10.2019
JUDGMENT/ORDER signed by P.O. on 03.10.2019
JUDGMENT/ORDER uploaded on 03.10.2019
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