Kalpana Morparia v. Kaplavruksha Developers And 43 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER ORDER NO.104 OF 2021 IN INTERIM APPLICATION NO.702 OF 2021 IN COMMERCIAL SUIT NO.1203 OF 2018 Kalpana Morparia .. Applicant-Plaintiff Vs.

Kalpavruksha Developers & Ors.

.. Defendants Ms. Sanaea Laskari, i/by Rashmikant and Partners, for the Applicant-Plaintiff. Mr. Biswadeep Chakravarty, i/by Phoenix Legal, for Defendant Nos.16, 28 and 30.

Mr. Mutahhar Khan, with Ms. Niyathi Kalra, i/by Negandhi Shah & Himayatullah, for Respondent No.27.

CORAM : A. K. MENON, J.

DATED : 5 TH APRIL, 2021.

P.C. :

1.

This chamber order has been filed seeking leave to serve the IA upon respondent nos.8, 11, 36, 42 and 43 by substituted service. It is stated that the plaintiff is unaware of the addresses of these parties. The suit pertains to a building under construction, wherein these unserved respondents are believed to be claiming certain interest.

2.

In view thereof, I pass the following order :- (i) Leave granted to serve IA upon respondent nos.8, 11, 36, 42 and 43 by publishing the extract of the IA to be 1/2 31-CHOL-104-2021.doc Dixit

certified by Prothonotary & Senior Master in two newspapers circulated in Mumbai in English language by publishing the same in "Free Press Journal" and "Nav Shakti" in the property column of those newspapers and by affixing copies of the same on the notice board of this court as also by sending copies of the same at the e-mail addresses, if any, available in the record of this court or with the Court Receiver.

(ii) In addition, a notice board shall also be placed at the property, as directed by the Receiver, specifically addressing to these respondents at the site and at the respective tenements, if already constructed. (iii) Receiver to act on a copy of this order duly authenticated by the Associate of this court.

(iv) Chamber Order is disposed in the above terms. (A. K. MENON, J.) 2/2 31-CHOL-104-2021.doc Dixit