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Maharashtra State Electricity Distribution Company Limited v/s Ajinkya Wire Product & Another

    Writ Petition No. 991 of 2011

    Decided On, 18 July 2013

    At, High Court of Judicature at Bombay


    For the Petitioner: A.R.S. Baxi, Advocate. For the Respondents: -----

Judgment Text

Oral Judgment:

By an order dated 16.11.2009 the learned Judge of the trial Court has dismissed the Application Exhibit 24 for setting aside the order of dismissal of a suit passed on 2.2.2009. The trial Court has held that the Plaintiff has not filed any Application for issuance of fresh summons and has failed to take further steps in the matter from 24.10.1997. It has been further held that there is no sufficient cause for extending the time for issuance of summons.

2. The Suit is filed by the Petitioner company for recovery of an amount of Rs.3,52,705.29 ps towards the bill for the energy consumption from December, 2001 to March, 2003. In that Suit, summons was issued and it returned back for want of proper address. An Application was filed subsequently on 10.8.2009 stating that the Petitioner be permitted to serve the Respondents by paper publication. However, without considering such an Application the order impugned has been passed on 16.11.2005. The order cannot therefore, be sustained. The same needs to be set aside.

3. In the result, Writ Petition is allowed. Order dated 16.11.2009 passed in Special Civil Suit No.49 of 2008 is hereby quashed and set aside. Application at Exhibit 24 shall be decided by the trial Court along with the Appl

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ication for permission to serve the Respondents by paper publication. Rule is made absolute in aforesaid terms. No order as to costs.