: 1 : N-426-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 426 OF 2010 IN EXECUTION APPLICATION NO. 136 OF 2010 DISPUTE NO. H/03/65 The Madhavpura Mercantile Co-op. Bank Ltd. .. Plaintiffs v/s. Goldfish Computers Pvt Ltd. & Ors. .. Defendants ......... Mr. A.K. Sharma i/b B.B. Nangare & Associates for the plaintiffs ......... CORAM : R.Y.GANOO, J. DATE : 31st JANUARY, 2011 P.C. : 1. Affidavit of service is filed. Perused the affidavit of service. Defendant nos. 1, 3 and 5 are served. Plaintiffs attempted to serve defendant nos. 2, 4 and 6 at the address other than one which is mentioned in the notice. They claim that the notice was served upon one Mr. Masale who is the clerk of defendant no.1. In my view this service is improper. No steps have been taken to serve defendant nos. 2, 4 and 6 after the first returnable date i.e. 18th August, 2010. Learned : 2 : N-426-10=.sxw Counsel for the plaintiffs sought time. I am not inclined to grant time as at the time of service the plaintiffs ought to have been vigilant and they ought to have taken steps to serve all the defendants. Hence, I hold that defendant nos. 1, 3 and 5 are served. Notice is made absolute so far as defendant nos. 1, 3 and 5. Execution application to proceed against defendant nos. 1, 3 and 5. Notice is dismissed for want of service as against defendant nos. 2, 4 and 6. Execution application is dismissed as against defendant nos. 2, 4 and 6 with no order as to costs. (R.Y.GANOO, J.)