JUDGEMENT
G.S.PATEL, J. -
(1.)On 9th August 2021, I made the following order:
1. The Defendant has been served. She was present online earlier today. Then she sent an email to my Court Associate that there is a prior case in the Dindoshi City Civil Court and hence she cannot attend the High Court. That is absurd. Even a party in person must surely know that hearing in the High Court gets priority.
2. List the matter on 11th August 2021.
3. The Defendant is put to notice that if she does not appear, an order may be passed in her absence. She is also put to notice that Wednesdays are days when I take matters in physical Court. She should make arrangements accordingly.
4. Mr Narula will send a copy of this order by hand delivery to the Defendant as also by email.
5. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.
(2.)Ms Kamble is not present today either physically or online. There is an Affidavit of Service tendered by Mr Narula. It is made
by one Sachin Nawlu a Court and service clerk engaged with M/s
Jhangiani, Narula and Associates. The deponent says that on
instructions of Mr Anuuj Narula, he attempted to serve a copy of
my order of 9th August 2021 on the Defendant at her address at
Goregaon (East). At the entrance of the building the security person
called her flat on the intercom. The Defendant answered. On being
told that the person downstairs was a clerk from the offices of M/s
Jhangiani, Narula and Associates, she asked the security person to
say that she was unavailable. The clerk then went up to the flat on
the second floor. No one answered. He waited for 15 minutes. He
finally left after leaving the notice and a copy of the order in a packet
that he hung on the handle of the safety door.
(3.)Paragraph 5 of the Affidavit of Service says that the deponent of the Affidavit forwarded a scanned copy of the notice attaching a
copy my order to the Defendant at her two email addresses from the
email id of Anuuj Narula at 1.06 pm. This email has not been
returned.
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