:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1289 OF 2008 CIVIL APPLICATION NO.1289 OF 2008 CIVIL APPLICATION NO.1289 OF 2008 IN IN IN SECOND APPEAL NO.830 OF 2001 SECOND APPEAL NO.830 OF 2001 SECOND APPEAL NO.830 OF 2001 Shri Mohammed Yaseem Mohammed Shabbir Bagban Since deceased by his heirs and legal representative 1.Shri Mohammed Yakub Mohammed Yaseem Bagban ...Applicant. v. 1. The Agricultural Produce Marketing Committee & Ors. ...Respondents. Mr.Rajesh Patil , adv. for the Applicant. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 4th September, 2008. DATE: 4th September, 2008. DATE: 4th September, 2008. P.C. P.C. P.C. 1. By the order dated 7-12-2007, the applicant was directed to serve the unserved respondents by private notice returnable 8th February, 2008 with direction to file affidavit of service with further direction that if the affidavit of service is not filed with acknowledgements, the appeal and the applications shall stand dismissed for non prosecution. In paragraph 4, the applicant/appellant has explained the circumstances in which the respondent nos.3C, 5 and 6 were served and the respondent no.4 is reported to be dead. It is contended that the respondent no.2/firm has been closed and the respondent no.3 could not be served because the address is not complete. It appears that the applicant/appellant has actually made serious attempts :2: for service. In view of this, application is allowed in terms of prayer clauses (a) and (c). The applicant shall file affidavit about service within two weeks. from this date. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)