Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1420 OF 2019
IN
S.C.SUIT NO.1683 OF 2016
Corporation Bank ....Plaintiffs
V/s
1. Ms. B.Joshna
2. Mr.Bhimavarapu Reddy
3. M/s.P.M.Dimensions .... Defendants
APPEARANCE:
Ld. Adv. Vaishali Kurle for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 30th July, 2019
CHAMBER SUMMONS ORDER
Peruse Chamber Summons and Affidavit in Support.
1. Heard, Ld Counsel for plaintiff Adv. Vaishali Kurle.
It is submitted by the plaintiff that the defendant nos.1 and 2 are
residing in the state of Andra Pradesh and accordingly the writ of
summons issued against them by way of RPAD. However, the envelope
returned back with remark that the defendant nos.1 and 2 “left”. It is
further submitted by her the presence of defendant nos.1 and 2 is
necessary for the purpose of settlement of issues and substitute service
for writ of summons may kindly be granted in favor of plaintiff.
2. Perused roznama in view of order 29.03.2019. Plaintiff has
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tendered service affidavit on record @ acknowledgement receipt. It
shows that the defendant nos.1 and 2 left their premises. Admittedly,
the plaintiff filed suit against them for recovery of claim amount
therefore, their appearance in the present matter is necessary for
settlement of issues when proper service is failed to secure the presence
of defendant no.1 then the order of substitute service would be required
for appearance of defendant nos.1 and 2. Hence, I proceed to pass
following order
ORDER
1) Substitute service of summons for appearance of defendant nos. 1
and 2 is allowed.
2) Plaintiff is permitted to publish writ of summons against
defendant nos.1 and 2 in one English and Vernacular newspaper
in the local area in which defendant nos. 1 and 2 resides.
3) The plaintiff to bear expenses of paper publication.
4) Chamber summons no. 1420/2019 is allowed in the above terms.
Date:30/07/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 30/07/2019
Typed on :30/07/2019
H.H.J.Signed on :30/07/2019
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CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30.07.2019 at 12.15p.m.
UPLOAD DATE AND TIME
(Mrs.P.P.Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI M.A.BHOSALE
(COURT ROOM NO.32)
Date of pronouncement of judgment/order 30.07.2019
Judgment/order signed by P.O. on 30.07.2019
Judgment/order uploaded on 30.07.2019
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