Vekavakini Cooperative Housing Society Ltd v. Gadkari Builders And Associates

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 27th November, 2025 CALLED FOR HEARING AND FINAL DISPOSAL:

10. CHOL/ 631/2025 AMH20230041805C20250 ) ) ) ) Ms. Kashmira Dingankar, i/by APS Law Associates, Advocate for the Applicant / Plaintiff. IN S /276/2024 P.C.

By the present Chamber Order, the Applicant / Plaintiff seeks substituted service of writ of summons upon Ayyappa Construction Company, the Defendant No. 5 by publication in two newspapers viz. "Free Press Journal" in English Language and "Nav Shakti" in vernacular language i.e. Marathi.

2.

Heard. The Ld. Advocate for the Applicant / Plaintiff submits that the writ of summons sent for service upon Ayyappa Construction Company, the Defendant No. 5 could not be served. She further submits that an affidavit of service has been filed in respect of the service of writ of summons upon all the Defendants and the Ld. Prothonotary & Senior Master, in the Order dated 17th October 2025 it is recorded that the articles sent to Defendant NO. 5 is returned with endorsement "Addressee moved". She, therefore, prays that, the Applicant / Plaintiff be permitted to publish the writ of summons by way of substituted service upon Defendant No. 5, in two newspapers viz. "Free Press Journal" in English Language and "Nav Shakti" in vernacular language i.e. Marathi in Mumbai Edition.

: 2 :

3.

Perused the affidavit in support. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant / Plaintiff to publish the writ of summons in two newspapers viz. "Free Press Journal" in English Language and "Nav Shakti" in vernacular language i.e. Marathi Mumbai edition within two weeks from today and file affidavit of publication within a week thereafter.

4.

Registry to issue fresh writ of summons, if required. 27.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk