M/S. Nikeeta Unique v. Clement D Souza

16 IA-11099-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11099 OF 2025 IN FIRST APPEAL NO. 1778 OF 2008 by HUSENBASHA RAHAMAN NADAF Date:

2025.09.04 10:41:21 +0530 HUSENBASHA RAHAMAN NADAF M/s. Nikeeta Unique ...Applicant In the matter between Clement D'souza ...Appellant

Versus

M/s. Nikeeta Unique and Ors.

...Respondents

**** Ms. Sukruta A. Chimalker i/b. Mr. S.B. Prabhavalkar, for Applicant. **** CORAM : M.M. SATHAYE, J.

DATE : 3rd SEPTEMBER, 2025 P.C. :

1.

Learned counsel for the Applicant submits at the outset that attempt was made to serve notice upon the original Appellant but the packet is received back with postal endorsement as 'left'. She submits that even the attempt to serve the earlier Advocate of the Appellant has resulted in the said Advocate informing that the papers are returned in 2016. 2.

Learned counsel for the Applicant seeks liberty to file additional affidavit placing these developments on record and for amendment in the application for making a prayer for substituted service. 3.

Leave is granted. Necessary affidavit to be filed and amendment to be carried out within a period of two weeks from today. 4.

Stand over to 17.09.2025 for further consideration. (M.M. SATHAYE, J.) Husen