: 1 : N-425-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 425 OF 2010 DISPUTE NO. H/03/62 The Madhavpura Mercantile Co-op. Bank Ltd. .. Plaintiff v/s. Panther Investred Ltd. & Ors. .. Defendants ......... Mr. A.K. Sharma i/b B.B. Nangare & Associates for the plaintiff ......... CORAM : R.Y.GANOO, J. DATE : 31st JANUARY, 2011 P.C. : 1. Affidavit of service is filed. Defendant nos. 1 to 4 are served. Service upon employee of defendant no.1 for guarantor defendant no.5 is incorrect. Defendant no.5 is treated as unserved. This service is improper. The returnable date was August, 2010. With this development no steps are taken to serve defendant no.5. Hence, following order is passed to dispose of the Notice. : 2 : N-425-10=.sxw ORDER (i) Notice is made absolute as against defendant nos. 1 to 4. (ii) Notice is dismissed so far as defendant no.5. There shall be no order as to costs. (iii) Execution application to proceed as against defendant nos. 1 to 4. (iv) Execution application is dismissed as against defendant no.5. (R.Y.GANOO, J.)