Order 1

Order Details: Order on Exhibit
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(CNR NO.MHSCA3-000220-2022)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.1
IN
L.E.&.C. SUIT NO.33 OF 2022
Attribute Shares and Securities Pvt. Ltd. … Plaintiff
Versus
Power Cage Gym and Spa … Defendant
Coram : Shri. A. J. Fatale, Judge.
C.R.No.34 (BB).
Date : 13.03.2024.
ORAL ORDER :-
1. Today, the matter is for passing exparte order against the
defendant.
2. On perusal of record, it appears that on issuance of
summons by regular mode, it is reported that the suit premises is
found locked. The summons was also issued by R.P.A.D. against the
defendant, but the envelope returned with the endorsement of Postal
Department as “Addressee moved”. The summons was also appears
to be affixed along-with copy of plaint on the outer door of the
address of the suit premises, but in spite of that also presence of the
defendant is not secured. The plaintiff has filed on record pursis
Exhibit No.15 and summons published in the English Newspaper i.e.
Free Press Journal dated 23.02.2023 which is at Exhibit No.16. The
plaintiff has filed on record affidavit of service at Exhibit No.17. In
spite of publication of summons in the newspaper, the defendant
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failed to appear. Hence, it is declared that the suit summons is duly
served upon the defendant. As the defendant failed to appear in spite
of service of summons, the suit be proceeded exparte against the
defendant.
Place : Mumbai (A. J. Fatale)
Date : 13.03.2024 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 13.03.2024
Order Checked & Signed on : 13.03.2024
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