1 CA 4478/2010 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4478 OF 2010 IN FIRST APPEAL NO. 313 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.B. Tajane for the applicant. Mr. Manish Pabale for respondent nos.1 to 5. CORAM : D.G. KARNIK, J. DATE : 25TH JANUARY 2011 P.C. : 1. Heard learned counsel for the applicant. 2. This application is for setting aside the conditional order of dismissal against respondent no.6 for non-service. 3. For the reasons mentioned in paragraph 12 of the application, the application is allowed and the conditional order of dismissal qua the 2 CA 4478/2010 respondent no.6 is set aside subject to the following conditions: (i) The applicant shall within one week furnish the present correct address of the respondent no.6 for service on the respondent no.6 and shall also pay the necessary process for service on the respondent no.6. (ii) If such process is paid, issue fresh notice to the respondent no.6 returnable at the end of 8 weeks thereafter. 4. In case this order is not complied with within a week, the civil application shall stand dismissed without further reference to the Court. (D.G. KARNIK, J.)