IA ORDER

1. Nanavati & Co. appearing for the Petitioner is absent in first and second session.

2. Perused the application and record.

3. By way of this application, the Petitioner has prayed for permission to serve notice to the Respondent Nos. 1-3, 5, 6, 8-11, 13, 16, 17, 20 and 21 by way of publication in vernacular language in the local newspaper having wide circulation in the area where the said Respondents have lastly resided, at the cost of the Petitioner.

4. It is averred in the present note that the order of issuance of notice was passed by the Hon’ble Court on 08.08.2022. However, despite issuance of notice in ordinary course, service upon several respondents remain unserved. Thereafter, the Hon’ble Court vide order dated 27.08.2024, upon being apprised that several respondents were not served though proceedings were being pursued before the Executing Court, was pleased to direct issuance of fresh notice to the unserved respondents through the concerned advocate representing them before the Executing Court. However, even such fresh notice could not be effectively served. It is further averred that repeated attempts to serve the unserved respondents through ordinary mode as well as through their Advocate representing before the Executing Court have failed. That the Respondents are not traceable at the give address and the concerned Advocate is also not approachable for effecting service. In these circumstances, service in the ordinary manner has become impracticable and impossible, and therefore, in the interest of justice and to avoid further delay in adjudication of the petitions, the petitioner seeks permission to effect service upon unserved respondents by way of publication in a newspaper having wide circulation in the concerned locality.

5. Considering the facts and circumstances emerging from the record, prayer for substituted service in terms of prayer para 10(a) of the present Civil Application is permitted. The Petitioner is permitted to serve the unserved Respondent Nos. 1-3, 5, 6, 8-11, 13, 16, 17, 20 and 21 by way of publishing the service of notice in view of order dated 08.08.2022, in vernacular language in local newspaper having wide circulation in the vicinity where the aforesaid unserved Respondents were known to have actually and voluntarily resided, carried on business or personally worked for gain within 6 weeks from the date of this order. The office shall take all necessary steps in the above regard.

8. Accordingly, the present Civil Application stands disposed of.