Viswanathan Durgadethan v. Mallika Gupta

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (l) NO. 26396 OF 2024 IN SUIT NO. 280 OF 2023 VISWANATHAN DURGADETHAN )...PLAINTIFF

IN THE MATTER OF

VISWANATHAN DURGADETHAN )...PLAINTIFF V/s.

MALLIKA GUPTA )...RESPONDENT Mr.Mohan Bir Singh a/w. Mr.Rahul Jalan i/by MBS & Co., Advocate for the Plaintiff/Applicant.

None for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

28th AUGUST 2024 P.C. :

1.

This Interim Application seeks substituted service upon the Respondent.

2.

On 21st August 2023, this Court had passed the following order : "1. Pursuant to order dated 18th July 2024, today when the matter is called out, Mr.Singh, learned Counsel, appears for the Plaintiff and submits that although an attempt was made avk 1/3

to serve the Defendant on the address being Flat No.456, Air Force & Naval Officer Enclave, Sector VII, Plot No.11, Dwarka, Delhi - 110075, the packet has been returned with the remark "left". Mr.Singh, however, submits that in a matter before the Delhi Family Court, the Defendant has filed an affidavit dated 30th July 2024 with the same address and seeks to tender across the bar the said affidavit which is perused and which indicates that the affidavit which has been verified on 30th July 2024 filed by the Defendant, is bearing the same address as on the packet that has been returned.

2. In view of the above, Mr.Singh seeks some time to take out an appropriate application for substituted service.

3. Accordingly, list on 28th August 2024 on the Supplementary board."

3.

Accordingly, this application for substituted service has been taken out by the Applicant.

4.

Mr.Singh, learned Counsel for the Applicant, submits that the Respondent is avoiding service, and therefore, this Court permit substituted service by publication in Times of India and Navbharat Times, Delhi edition.

5.

Having heard the learned Counsel and having considered the submissions and particularly the fact that although the Respondent in an affidavit filed before the Delhi Family Court has submitted the same avk 2/3

address, from which the packet has been returned with the remark "left", it appears that the Respondent is avoiding service. 6.

Accordingly, in view of the provisions of Order V Rule 20 of the Code of Civil Procedure, 1908, this Court is inclined to allow the application for substituted service by publication of the Interim Application in the Delhi edition of Times of India and Navbharat Times. 7.

The application is allowed in the above terms. 8.

Let the substituted service be effected within a period of two weeks and an appropriate affidavit of service be filed. 9.

The application, accordingly, stands allowed and disposed. INTERIM APPLICATION NO. 2289 OF 2024 10.

List the Interim Application No.2289 of 2024 on 9th October 2024.

(ABHAY AHUJA, J.) Digitally signed by ARTI VILAS KHATATE Date:

2024.08.29 14:43:49 +0530 ARTI VILAS KHATATE avk 3/3