6-COMAS10-2020.DOC

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

COMM ADMIRALTY SUIT NO. 10 OF 2020

Shrikishan Singh & ors. ...Plaintiffs Versus

Altus Uber and ors. …Defendants

Mr. Akshay Chavan, a/w Ms. Medhavi Mathur, i/b Vishwakarma & Asso., for the Plaintiffs. Mr. Ruchir Goenka, a/w Mr. Raghvendra Desai, i/b Bose & Mitra & Co., for Defendant no.1. Ms. Roshni Naik, i/b Anil Agarwal, for Defendant no.3.

CORAM: N. J. JAMADAR, J. DATED : 20th DECEMBER, 2022

PC:-

1. In the order dated 6th December, 2022, in the appearance, "Mr. Ruchir Goenka a/w Mr. Raghvendra Desai, i/b Bose & Mitra & Co., for Defendant No.2" be corrected as "Mr. Ruchir Goenka a/w Mr. Raghvendra Desai, i/b Bose & Mitra & Co., for Defendant No.1".

2. Rest of the order remains unaltered.

3. Order dated 6th December, 2022 be corrected and uploaded.

4. The learned Counsel for the plaintiffs submits that the summons could not be served on defendant no.2 in the usual

SANTOSH SUBHASH KULKARNI

Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2022.12.24 11:55:24 +0530

6-COMAS10-2020.DOC

mode. An affidavit of service dated 1st October, 2022 is filed. It indicates that respondent no.2 is not available at the given address.

5. The learned Counsel seeks leave to serve respondent no.2 by way of substituted service.

6. The prayer seems justifiable as the summons could not be served on defendant no.2 in the usual mode.

7. The plaintiffs are at liberty to serve defendant no.2 by way of substituted service in the nature of newspaper publication.

8. The returnable date of Writ of Summons stands extended till 21st February, 2023.

[N. J. JAMADAR, J.]