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Court Order

Final Order 1

CNR MHCC01009747202126 Nov 2021
Fort, City Civil Court
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 26 Nov 2021 · CNR MHCC010097472021

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101729/2021
Canara Bank Vs Mr. Akhtar Ali Manzoor Ali Khan
Date : 26-11-2021
Business : Adv.Kanishk Raj h/f. Adv.O.A.Das for plaintiff present.
None present for defendant. The plaintiff tendered affidavit
of service, Exh.7 a/w. writ of summons and bailiff report.
KB LO at 12.46 pm, Adv.Kanishk Raj h/f. Adv.O.A.Das for
plaintiff present. The plaintiff filed draft chamber summons
a/w. affidavit in support. O-Leave granted to register draft
chamber summons. Heard the Ld.Adv.for the plaintiff.
Following order is passed on draft chamber summons.
ORDER ON CHAMBER SUMMONS Read the service
affidavit Exh.6. The suit summons by RPAD is returned
with endorsement 'not known'. Read the service affidavit,
Exh.7. It is returned as 'unserved' with the bailiff report
stating that Azad Seva Sangh Society is not tressed. Read
the documents relied upon by the plaintiff in respect of
transaction of loan. Wherein same is the address of the
defendant. Therefore, it is the last known address of the
defendant. The defendant cannot be served in ordinary
mode of service of summons. Hence, the request for service
of suit summons by paper publication is required to be
allowed. It shall be in addition with service of suit summons
by pasting, hence, I pass the following order. ORDER 1.
Draft chamber summons is allowed as follows - (a) Suit
summons be served on the defendant by affixing the copy
thereof on the outer door or some other conspicuous part of
the house where the defendant Mr.Akhtar Ali Manzoor Ali
Khan resides or carries his business or work for the gain.
The suit summons shall also be served by publishing the
same in the leading newspapers (one English and one
Marathi) having vide circulations in the area of the address
of the defendant. (b) Liberty is granted to the newspapers in
terms of order clause No. (a) for effective service through
paper publication. 2. Draft chamber summons is disposed
off accordingly. It be registered for statistical purpose.
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