IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 733 OF 2007 APPLICATION NO. 733 OF 2007 APPLICATION NO. 733 OF 2007 in in in WRIT WRIT WRIT PETITION NO.8195 OF 2004 PETITION NO.8195 OF 2004 PETITION NO.8195 OF 2004 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders -------------------------------------------------- -------------------------------------------------- -------------------------------------------------- Coram: Coram: Coram: V.C.Daga, J V.C.Daga, J V.C.Daga, J Date: Date: Date: 22nd June, 2007 22nd June, 2007 22nd June, 2007 1. 1. 1. Heard learned counsel for the Heard learned counsel for the Heard learned counsel for the applicant. applicant. applicant. C.A.is allowed in terms C.A.is allowed in terms C.A.is allowed in terms of of of prayer clause (a) excluding the prayer clause (a) excluding the prayer clause (a) excluding the bracketed bracketed bracketed portion marked A. portion marked A. portion marked A. " In alternative service by a In alternative service by a In alternative service by a publication publication publication of notice in daily of notice in daily of notice in daily newspaper newspaper newspaper "Daily Prabhat" in the "Daily Prabhat" in the "Daily Prabhat" in the locality locality locality of Pune in which the of Pune in which the of Pune in which the respondents respondents respondents are last known to have are last known to have are last known to have actually actually actually and voluntarily resided, and voluntarily resided, and voluntarily resided, carried carried carried in business or personally in business or personally in business or personally worked worked worked for gain. " for gain. " for gain. " 2. 2. 2. Registry is directed to issue Registry is directed to issue Registry is directed to issue notice notice notice returnable after 6 weeks. returnable after 6 weeks. returnable after 6 weeks. Humdust Humdust Humdust allowed. allowed. allowed. 3. 3. 3. In addition to humdust, service In addition to humdust, service In addition to humdust, service by by by RPAD and telegraphic intimation RPAD and telegraphic intimation RPAD and telegraphic intimation is is is permitted. Petitioner to file permitted. Petitioner to file permitted. Petitioner to file affidavit affidavit affidavit of service. of service. of service. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J)