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Bombay High CourtCHOL/523/2025disposed off

Anand Lodha v. Shabana Vasudev Navani

2025-10-13E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 13th October, 2025 CALLED FOR DIRECTION:

14. CHOL/ 523/2025 ) ) ) ) ) ) Ms. Umang Patni i/by Rahul Kamerkar, Advocate for the Applicant / Petitioner.

Ms. Vidhi Gala i/by Dhruve Liladhar & Co., Advocate for the Defendant Nos. 2 to 4, 8 to 10, 16 to 18, 20, 21, 33 & 34 Ms. Richika Kadam i/by Little & Co., Advocate for the Defendant No. 26, 36 & 37 IN S /964/2018 P.C.

By the present Chamber Order, the Applicant seeks leave to serve the writ of summons by way of substituted service upon (1) Stable Constructions Pvt. Ltd., Defendant No. 7, (2) Vishisha Properties Pvt. Ltd., Defendant No. 11 (3) Montrose Construction Pvt. Ltd., Defendant No. 12 (4) Falguni Properties Pvt. Ltd., Defendant No. 14, (5) Vallabh Properties Pvt. Ltd., Defendant No. 15, (6) Navani Homes Ltd., Defendant No. 19, (7) First Fidelity Financial Services Ltd., Defendant No. 22 (8) Iconic Properties Pvt. Ltd., Defendant No.23, (9) Agastmuni Constructions Pvt. Ltd., Defendant No. 24, (10) Trambak Polypack Pvt. Ltd., Defendant No. 27, (11) Trambak Developers Pvt. Ltd., Defendant No. 29, and (12) Meghal Constructions Pvt. Ltd. Defendant No. 32 as per the Schedule annexed to the Chamber Order.

2.

It appears from the affidavit in support that, the Applicant writ of summons sent for service upon Defendant Nos. 7,

: 2 :

11,12, 14, 15, 19, 22, 23, 24, 27, 29 and 32 are returned by the Postal department with a remark "No such persons". Ld. Advocate for the Applicant submits that, since the writ of summons could not be served upon the abovenamed Defendants, the Applicant be permitted to serve the writ of summons upon them by way of substituted service by publication in two newspapers viz. "Hindustan Times" in English Language and "Nav Shakti" in vernacular language i.e. Marathi, as per the Schedule annexed to the Chamber Order.

3.

For the reasons stated in the affidavit in support the Chamber Order is allowed and the same is signed separately. Plaintiff to publish the writ of summons within four weeks from today.

13.10.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk