M/S Tachnat Pty Ltd v. S And S Fashions Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.4014 of 2025 & A.Nos.2013 & 2014 of 2025 & C.S.(Comm Div) No.103 of 2025 & M/s.Tachnat PTY Ltd.

Represented by its Director Mr.Hulio Gash, 90C, Fairfield Road, Guildford West, New South Wales, 2165, Australia ... Applicant -vsS & S Fashions Pv. Limited, No.136, Arcot Road, 3rd Floor, Shayamla Towers, Saligramam, Chennai-600 093, India Represented by its Director Mr.Santhosh Prabu ... Respondent PRAYER: Judge's summons filed under Order IV Rule 8 of Madras High Court Original Side rules, read with Order V Rule 20 of the Code of Civil Procedure, 1908, prayed this Court to permit the Applicant/Plaintiff to undertake substituted service on the Respondent/Defendant vide paper publication on the English daily "New Indian express" and Tamil daily "Dina Malar"in their Tirunelveli editions.

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For Applicant : Ms.Umayaparvathi N

ORDER

At the hearing on 30.07.2025, it was recorded that the plaintiff had endeavoured to serve notice on the respondent at the address specified in the cause title and that the postal cover was returned with the endorsement "left without instructions". Thereafter, after being permitted to serve notice on the registered office address of the defendant as per the records of the Ministry of Corporate Affairs, the plaintiff filed an affidavit of service dated 17.07.2025 enclosing the returned postal cover with the endorsement "addressee cannot be located". In those circumstances, the plaintiff was permitted to file the present application.

2. In the facts and circumstances indicated above, this application is liable to be allowed. Accordingly, the application is allowed by directing the following:

(i) The applicant/plaintiff shall effect substituted service on the respondent/defendant by publication in the English daily "New Indian 2/4

Express" and the Tamil daily "Dina Malar", Chennai and Tirunelveli Editions, specifying the next date of hearing as 15.09.2025.

(ii) In addition, the plaintiff shall effect affixture on the last known address and the Court Notice Board.

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SENTHILKUMAR RAMAMOORTHY J.

kal A.No.4014 of 2025 in C.S.(Comm Div) No.103 of 2025 18.08.2025 (1⁄2) 4/4