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SCA/12487/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12487 of 2010
===================================
UNITED
BANK OF INDIA THRO. ASST.GEN MANAGER - Petitioner
Versus
MOHAMMAD
YUNUS ALLARAKKHA TANK - Respondent
===================================
Appearance
:
MR
RAMNANDAN SINGH for Petitioner.
RULE UNSERVED for
Respondent.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 09/12/2010
ORAL ORDER
Notice was
issued by this Court on 27.09.2010. Since there was some
typographical error in the address of the respondent –
workman, leave to correct the address of the respondent was granted
on 19.10.2010 and fresh notice was issued making it returnable on
26.10.2010. The Board shows that notice still remain unserved
because of incomplete address as per the Bailiff’s report. Even the
respondent is not residing at the place shown in the cause-title of
the petition.
Mr. Ramanandan
Singh, learned advocate appearing for the petitioner states that the
address given in the cause title is the address which the respondent
himself has given in his statement of claim before the Industrial
Tribunal. He further submitted that even before the Industrial
Tribunal, the respondent never remained present after filing the
statement of claim. The impugned order is passed below Exh.87.
However, Exh.87 is totally different.
Be
that as it may, the respondent is required to be served before any
order is passed in this petition. Hence, the petitioner is hereby
permitted for substituted service. For this purpose, the petitioner
shall issue an advertisement in the newspaper indicating the date of
hearing of this petition on 29.12.2010. It should also be made
clear in the advertisement that if the respondent will not remain
present on the date of hearing of the petition, the Court will
proceed ex-parte and pass appropriate order. The petitioner shall
place the copy of the advertisement along with the affidavit of
publication. S.O. to 29.12.2010.
Sd/-
[K. A. PUJ, J.]
Savariya
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