Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1968 OF 2019
IN
NOTICE OF MOTION NO.1515 OF 2019
IN
S.C. SUIT NO. 462 OF 2016
MYNK 1906 Industries India Ltd. ] ...Plaintiff
Versus
1. The Mumbai Port Trust & Anr. ] ...Defendants.
Appearances :
Ms. Amruta Sawant, Ld. Adv. for plaintiff.
Mr. Ravi Irle, Ld. Adv. for defendant No.1.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED : 21st January, 2020
ORAL ORDER
1. This Chamber Summons is filed to serve Writ of Summons
upon defendant No.2 through publication in two Newspapers (1) in
English language and (2) in vernacular language.
MHCC01-011206-2019
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2 CHS 1968/19 in
SC Suit 462/16
2. Perused Chamber Summons, affidavit in support of
Chamber Summons. Heard Learned Advocate appearing for plaintiff.
3. In brief, it is contention of the plaintiff that the suit is filed
for declaration etc. Plaintiff tried to serve Writ of Summons to
defendant No.2 but in vain. Plaintiff has served Writ of Summons by
RPAD to defendant No.2 at the address mentioned in the title clause.
4. The suit is dismissed against the defendant No.2 for want
of prosecution. The plaintiff has taken out Notice of Motion No.1515 of
2019 to set aside Order dated 25.01.2019 dismissing the suit against
the defendant No.2 for want of prosecution. Therefore, Chamber
Summons be allowed.
5. Perused Notice of Motion No.1515 of 2019. It is filed to
recall the order dated 25.01.2019 dismissing the suit against the
defendant No.2 for want of prosecution. Therefore, I am of the opinion
that, if the Notice of Motion No.1515 of 2019 is allowed then plaintiff
can be permitted to serve Writ of Summons by way of publication to
defendant No.2. Now as on today there is no suit against the defendant
No.2, therefore, Writ of Summons as prayed in this Chamber Summons
cannot be issued against the defendant No.2.
6. The Learned Advocate appearing for plaintiff prayed that at
least plaintiff be permitted to serve Notice of Motion No.1515 of 2019
to defendant No.2 by paper publication. I am of the opinion that Notice
of Motion No.1515 of 2019 can be served to defendant No.2. Hence
following order:
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3 CHS 1968/19 in
SC Suit 462/16
ORDER
Chamber Summons No.1968 of 19 is partly allowed as under:
1. Prayer for serving the writ of summons to defendant no.2
through paper publication is hereby rejected.
2. Notice of Motion No.1515/19 be served to defendant no. 2
through paper publication in two Newspapers (I) In English
Language and (II) in Vernacular language.
3. Plaintiff is also directed to serve Notice of Motion No.1515/19 to
defendant no. 2 through court bailiff.
4. Notice of Motion No.1515/19 as directed above be served to the
defendant no. 2 at the costs of Plaintiff.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 21/01/2020 City Civil Court, Gr. MUMBAI
Dictated on : 21/01/2020.
Transcribed on : 22/01/2020.
Signed on : 24/01/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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4 CHS 1968/19 in
SC Suit 462/16
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27.01.2020 at 12.15 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 21.01.2020
Judgment/order signed by P.O. on 24.01.2020
Judgment/order uploaded on 27.01.2020
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