Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1573 OF 2019
IN
S.C.SUIT NO.2338 OF 2018
Bank of India ..... Plaintiff
V/s
Mr.Sanket Ajitkumar Shah .....Defendant
APPEARANCE:
Ld.Counsel Ruchi Bagve for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 01st October, 2019
ORDER
Perused Chamber Summons @ Affidavit in Support.
Heard, Ld. Counsel for plaintiff Ruchi Bagve.
It is submitted by the plaintiff that he had filed suit against defendant
for recovery of bank amount. It is further submitted that defendant
obtained loan amount from bank he failed to repay bank amount. And
therefore, plaintiff bank has filed suit against him and writ of summons
was sent to his permanent address at Malad (E), Mumbai. However,
postal envelope returned back unexecuted. It is further submitted that
appearance of defendant before the Court is necessary for settlement of
issues. However, he could not trace out in his respective address and
therefore, substitute service of summons may kindly be permitted to the
plaintiff.
I have perused record. In view of affidavit in service plaintiff has
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filed postal envelope on record. Perusal of postal envelop shows that the
plaintiff had sent writ of summons through register post to the address
of defendant. However, remark shows that postal authorities had given
intimation to defendant. However, defendant unclaimed the service of
writ of summons. Envelope of writ of summons is not executed to the
defendant. Prima facie looking into the allegation against defendant in
the suit. It is disclosed that he is customers of plaintiff bank and there
are some transaction in between plaintiff and defendant. So the
appearance of defendant is required before the Court for settlement of
issues and if unclaimed the service of writ of summons for the proper
service of summons. I am of the opinion that plaintiff is entitled for
substitute service of writ of summons. Hence, I proceed to pass
following order
ORDER
1) Chamber Summons No. 1573 of 2019 is allowed.
2) Plaintiff is permitted to publish writ of summons against
defendant in the two local newspapers namely “Free Press
Journal” and “Navshakti”.
3) Plaintiff to bear expenses of substitute service.
4) Chamber summons No. 1573 of 2019 is disposed of in the above
terms.
Date:01/10/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 01/10/2019
Typed on :01/10/2019
H.H.J.Signed on :01/10/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
01.10.2019 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
01.10.2019
JUDGMENT/ORDER signed by P.O. on 01.10.2019
JUDGMENT/ORDER uploaded on 01.10.2019
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