-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.828 OF 2008 In COMPANY PETITION NO.799 OF 1999 M/s.Swagat Land Developers Pvt. ltd. : Applicant V/s. LIC Housing Finance Ltd. & Anr. : Respondent ... Mr.Girish Desai i/b. Geeta Shastri for the applicant. Ms U. Srivastava with Ms Sonali Shinde i/b. Consulta Juris for the respondent. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 04, 2008. P.C. Heard. 2. In view of the no-objection, the delay of 249 days is hereby condoned. 3. It appears from the affidavit in support of the Company Application that the company was not properly served. It is true that the company was attempted to be served at the registered address given by the company. -: 2 :- However, admittedly, the person who went to serve the notice served it on some departmental stores known as "City Gift". In fact, the departmental stores "City Gift" is said to have accepted it after the name of the company was deleted and substituted by the name of City Gift. In such a case, it is not possible to accept that good service was effected on the company. When the server becomes aware that the person who is willing to accept the service is neither a Partner, Director nor an employee of the firm or company sought to be served, then he is bound to return the notice as not served. In such a case, the party may apply for substituted service or take other steps for service. The order dated 31.8.2007 which is sought to be set aside proceeds on the basis that the company has not appeared throughout. 4. In the circumstances, the order is set aside. Put up the Company Petition for hearing in two weeks. 5. Company Application stands disposed of. S.A. BOBDE, J.