Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1668 OF 2019
IN
S.C.SUIT NO.714 OF 2017
M/s.Emkay Global Financial Services Ltd. ..... Plaintiff
V/s
Surekhaben Mahendrabhai Shah .....Defendant
APPEARANCE:
Ld.Counsel Anoop Sharma for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 06th November, 2019
ORDER
Heard, Ld. Counsel for plaintiff. Perused record and
contention in the affidavit.
It is submitted by the plaintiff that the defendant had left his
address as reported by postal authority and accordingly they filed
affidavit in service on record. It is further submitted that
appearance of defendant is required to be necessary for settlement
of issues and therefore, substitute service of summons may be
granted for appearance of defendant.
I have perused the affidavit in service submitted by the
plaintiff as the envelope of writ of summons is returned unserved
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by the postal authority with the remark “left”. When the
defendant has left his address then it is very difficult to the postal
authority to deliver envelop of writ of summons to the defendant
and therefore, it is necessary on the part of plaintiff to publish the
writ of summons in the local newspapers for appearance of
defendant. Hence, I proceed to pass following order.
ORDER
1) Chamber summons No. 1668 of 2019 is allowed.
2) Plaintiff is permitted to publish writ of summons in the local
newspaper “Free Press Journal" (English Language) and
“Gujrat Samachar" (Varnacular language).
3) Plaintiff to bear expenses of publication.
4) Plaintiff is directed to publish the summons as per the
schedule also.
5) Plaintiff is directed tender affidavit of service.
Date:06/11/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 06/11/2019
Typed on :06/11/2019
H.H.J.Signed on :06/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06.11.2019 at 5.20 a.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
06.11.2019
JUDGMENT/ORDER signed by P.O. on 06.11.2019
JUDGMENT/ORDER uploaded on 06.11.2019
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