Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2036 OF 2019
IN
COMMERCIAL SUIT NO.96 OF 2019
Tamilnad Mercantile Bank Ltd. ....Plaintiff
V/s
Mr.R.Vetrivel Nadar
Sole Prop of M/s.Jyothi Farsan ....Defendants
APPEARANCE:
Advocate for plaintiff present.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 31st January, 2020
ORDER
Heard Ld. Counsel for plaintiff. Perused record and affidavit
filed by plaintiff in support of Chamber Summons.
It is submitted by the plaintiff that the defendants had left
his address as reported by post office and accordingly he has filed
affidavit in support of Chamber Summons. 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 report of writ of summon is returned unserved by
the post office with the remark “left”. When the defendant has left
address then it is very difficult to the office/postal authority to
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deliver 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. 2036 of 2019 is allowed.
2) Plaintiff is permitted to publish writ of summons in the local
newspaper “Free Press Journal” (English) and “Navshakti”
(Marathi).
3) Plaintiff to bear expenses of publication.
4) Plaintiff is directed to file affidavit of service.
Date:31/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 31/01/2020
Typed on :31/01/2020
H.H.J.Signed on :31/01/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
31/01/2020 at 5.30 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
31/01/2020
JUDGMENT/ORDER signed by P.O. on 31/01/2020
JUDGMENT/ORDER uploaded on 31/01/2020
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