Interim Order 3

Order Details: Order on Exhibit
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CNR No. MHSCA-3000103-2024
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 20
In
L. E. & C. Suit No. 8 of 2024
M/s. Hotel Imperial Palace (I)
Through its Partner
Mr. Jaspal Singh Chandok ….... Plaintiff.
V/s.
Finefoods Hospitality Private Limited …... Defendant.
Advocate for the plaintiff : Mr. Nishant Vyas a/w Mr. Kunal Naik i/b
Nankani & Associates.
Coram : K.M. Kayangude,
Judge, C.R. No. 38 (B.B.)
Date : 22.02.2024
Oral Order :
Perused the application as well as affidavit of service Exh.
19. Heard learned advocate for the plaintiff. He submitted that copies
of the proceedings are served on the defendant not only by e-mail but
also by hand delivery. But the person in the office of the defendant
refused to give acknowledgment. The copies of the papers and
proceedings were also sent by RPAD on the address of the defendant but
it returned back on the reason of ‘Insufficient address’. He further
submitted that the defendants are avoiding to appear in the Court.
Hence, prayed to allow the application.
2. At the outset, it is worthwhile to mention that the copies of
the papers and proceedings sent by the RPAD on the address of
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defendant which is not only mentioned in the leave and license
agreement but also reflected on the website of Ministry of Corporate
Affairs returned back on the reason of ‘Insufficient Address’. Moreover,
the plaintiff filed affidavit of the person to show that service by hand as
well as by e-mail. Therefore, it appears that the defendant is
intentionally avoiding the process of the Court. In such circumstances,
it is necessary to send the process by RPAD on the address of the
defendant as well as on the address of the suit premises, as same is in
the use of defendant. At the same time, it will be fit to send the suit
summons as well as copies of interim notices to the concerned court in
which the defendant company is having registered address for service
through the bailiff of that Court. Moreover, as the suit premises is in
the jurisdiction of this Court, it will fit to issue process by pasting on the
suit premises. Simultaneously, it will be fit to issue process by e-mail to
the defendant on the e-mail address mentioned on the website of
Ministry of Corporate Affairs i.e. “meeradc30@gmail.com” alongwith
another e-mail address “info@finefoodshospitality.com” which appears
to be of defendant from which there was correspondence between the
parties. Accordingly, following order.
:: O R D E R ::
1) Application Exh. 20 is hereby allowed as
follows :-
2) Issue suit summons and notices of interim
applications by RPAD on the address of the
defendant as well as on the address of the suit
premises.
3) Also issue suit summons and notices of interim
applications to the defendant by sending to the
concerned court in which the defendant
company is having registered office address.
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4) Also issue suit summons and notices of interim
applications to the defendant by pasting them
on the suit premises.
5) Also issue suit summons and notices of interim
applications by e-mail to the defendant on the
e-mail addresses “meeradc30@gmail.com” and
“info@finefoodshospitality.com”.
(Dictated and pronounced in the open court.)
sd/-
(K.M. Kayangude)
Date : 22.02.2024 Judge, C.R. No. 38 (B.B.)
Dictated & Typed on : 22/02/24
Checked & Signed on : 22/02/24
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