Mohan Steels Limited v. Surya Global Fzc

905-IAL-23459-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.23459 OF 2025 IN COMMERCIAL SUMMARY SUIT (L) NO.1246 OF 2019 Mohan Steels Limited ...Applicant V/s.

Surya Global FZC

...Respondent

WITH INTERIM APPLICATION NO.353 OF 2025 IN COMMERCIAL SUMMARY SUIT (L) NO.1246 OF 2019 WITH INTERIM APPLICATION (L) NO.37332 OF 2024 IN INTERIM APPLICATION NO.353 OF 2025 Ms. Ruchi Wagaralkar i/b Mr. Sriram Sridharan for the Applicant/Plaintiff.

None for the Defendant.

CORAM

:

ABHAY AHUJA, J.

DATE :

31st JULY 2025 P.C. :

Digitally signed by NIKITA YOGESH GADGIL Date:

2025.07.31 18:53:36 +0530 NIKITA YOGESH GADGIL Interim Application (L) No. 23459 of 2025 1.

This Interim Application seeks substituted service of Interim Application No. 353 of 2025 seeking restoration of the Suit that had been dismissed for default.

2.

Ms. Wagaralkar, learned Counsel appears for the Applicant and submits that despite attempts to serve the Defendants by email and by Nikita Gadgil 1/2

905-IAL-23459-2025.doc the postal system on the known as well as the new address, the service could not be effected and that since the Defendant cannot be served by regular mode, this Application seeking substituted service has been filed.

3.

Having heard the learned Counsel and having considered her submissions, this Court is of the view that the Interim Application be allowed in terms of the prayer Clause (a), which reads thus:- "a) allow the Applicant/Plaintiff to serve the papers and proceedings in the captioned Suit upon the Defendant through substituted service by way of publication in newspaper Gulf News circulating in Dubai and Sharjah, United Arab Emirates or in such other manner or mode as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

4.

Let the service be effected by the mode of publication as above within a period of four weeks and an appropriate affidavit of service be filed in this regard.

5.

The Interim Application to accordingly stand allowed and disposed as above.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2