Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1774 OF 2019
IN
S.C.SUIT NO.300 OF 2019
Syndicate Bank. ..... Plaintiff
V/s
1. M/s. Shree Chamunda Super market
Prop. Mr.Suresh Matatlal Mali
2. Mr.Pukharaj Maphatlal Mali .....Defendants
APPEARANCE:
Ld.Counsel Pramila S.Bhaingade 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 Pramila Bhaingade.
It is submitted by the plaintiff that he had filed suit against
defendants for recovery of bank amount. It is further submitted the
defendants obtained loan amount from bank but 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
Ashava Willa Apartment, Dr.R.P.Road, Mulund (W) and Hira Moti
Nagar, Wagle Estate, Thane (W). 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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2
I have perused record, in view of affidavit in service. Plaintiff has
filed the 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 and not known” 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 defendant 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. 1774 of 2019 is allowed.
2) Plaintiff is permitted to publish writ of summons against
defendant nos.1 and 2 in the two local newspapers namely
“Fress Press Journal, English” and “ Navshakti, Marathi”.
3) Plaintiff to bear expenses of substitute service.
4) Chamber summons No. 1774/ 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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