IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1213 OF 2009 Mrs.Meena Lalkodumal Chanchalani ...Petitioner V/s. Tiao Wei Liang ...Respondent ...... Mr.C.G.Gavnekar for Petitioner. None for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 4, 2009. MARCH 4, 2009. MARCH 4, 2009. P.C. 1. Heard Counsel for the Petitioner. 2. The view taken by the Court below is unexceptionable. Unless the case made out by the Plaintiff in his oral evidence was to be substantiated by proving the copy of the notice and the acknowledgement, it was not open to the Court to assume that such notice was duly served on the Defendant/tenant. In absence thereof, the cause of action for proceeding under Section 12(2) of the Act is unavailable. Hence, dismissed. A.M.KHANWILKAR, J.