kbp 1 530-94.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 530 OF 1994 Municipal Corporation of the City Pune ..Petitioner Vs. M/s.Chagan Narayan Mehta & Co. ..Respondents ......... None for the petitioner and respondents. ......... CORAM : A.S.OKA, J.. DATE : 12 th OCTOBER, 2009. P.C. : 1] The Court service notice was issued to the petitioner (the Municipal Corporation of City of Pune). The office remark shows that the Court service notice issued to the petitioner is returned unserved with the bailiff’s report that “incomplete address”. The remark is totally incorrect and misleading. Perusal of the report dated 10 th August, 2009 shows that the service was sought to be effected in the office of petitioner Corporation. The bailiff went with the notice to the office of the City Engineer. The City Engineer made a remark on the office copy of the notice that the name of concerned Peth is not mentioned, and therefore, notice was returned with the request to clarify the name of the Peth. The City Engineer of the Municipal Corporation could not have declined to accept the service of the notice on the ground that the name of Peth is not mentioned. The writ petition was filed by the petitioner Corporation itself. The Court Service notice was issued to the petitioner as the advocate appointed by kbp 2 530-94.sxw the petitioner Corporation has been elevated as a Judge of this Court. The City Engineer should not have declined to accept the notice of the petition filed by the petitioner Corporation. None appears for the petitioner. The notice has been refused on a totally erroneous ground. Even if court service notice was not issued it was for the petitioner Corporation to make arrangement to prosecute the petition. In the circumstances, the petition is dismissed for non prosecution. 2] A copy of this order shall be forwarded by the Registry to the Commissioner of Municipal Corporation, Pune. ( A.S.OKA, J. )