Order 2

Order Details: Order
Pdf Text: IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,
AT ESPLANADE, MUMBAI
(Presiding Officer – Smt. Archana K. Mandavgade)
Transfer Application No.68/TA/2025
(CNR No.MHMM11-015587-2025)
Mr. Shailesh Gavde
Partner of M/s. Gavde Finance Services
...Applicant.
V/s.
1. M/s. Birla Surya Limited and Ors. ...Respondents.
ORDER BELOW EXHIBIT- 9
(Passed on 30/03/2026)
Present application is filed by Respondent No.6 for setting
aside ex-parte order passed against him. As per contention of
respondent No.6, he is not served with the notice but learnt about
transfer application when he appeared before the Court in which the
proceeding is pending, in respect of which this application is filed.
The applicant has knowledge that respondent No.6 is residing at
Hyderabad. Despite that, notice of present proceeding was issued at
another address.
2. As per say filed by applicant at Exhibit-10 the contention of
respondent No.6 is not correct. There is deemed service. Hence, the
application is may be rejected.
3. Heard both the sides. During argument learned advocate for
the applicant submitted that, the application may be allowed.
Considering his submission and the fact that, the proceeding is filed
for transfer of case filed under Section 138 of N. I. Act, it will be just
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2 Case No.68/TA/2025.
to give opportunity to respondent No.6 to file his say. Hence, I pass
following order.
ORDER
(I) The application is allowed.
(II) Ex-parte order passed against respondent No.6 is set aside.
(Archana K. Mandavgade)
Chief Judicial Magistrate
Date: 30.03.2026. Esplanade, Mumbai.
SBA/-
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