← Library
Bombay High CourtCHOL/648/2025disposed off

Tazaldin Sadruddinddin Nanavati, Pramoter Of Kalpavruksh Co - Op Hsg Society (Proposed) v. Theresa Mary Almeida

2025-12-02Hon'Ble Shri Justice Abhay Ahuja2 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 2nd December, 2025 CALLED FOR DIRECTION:

1.CHOL/ 648/2025 ) ) ) Shri Rishav Singh i/by Nirav Shroff, Advocate for the Claimant / Plaintiff IN EXA /2261/2025 P.C.

The present Chamber Order is filed by the Applicant for substituted service of Notice upon Respondent Nos. 1 to 3, 4(a), 4(b), 5, 6, 9, 10 (b), 10 (c), 11 (a) to 11(c) and 12, as per schedule annexed to the Chamber Order.

2.

Perused the affidavit in support. Ld. Advocate for the Applicant submits that, the Notice under Order XXI Rule 22 of Civil Procedure Code, 1908 and the said Notice was made returnable on 22nd December 2025. He further submits that, the bailiff of Sheriff of Bombay has made an attempt to serve the Notice upon Respondent Nos. 1 to 3, 4(a), 4(b), 5, 6, 9, 10 (b), 10 (c), 11 (a) to 11(c) and 12, but the same could not be served and the bailiff has submitted his report dated 18th November 2025. He, therefore, prays that the Applicant be permitted to publish the Notice in two local newspapers viz. "Free Press Journal" in English language and in "Navshakti" in vernacular language i.e. Marathi widely circulated in Mumbai and in the State of Maharashtra.

: 2 :

3.

For the reasons stated in the affidavit in support, the Chamber Order is allowed and the same is signed separately. Applicant to publish the Notice annexed to the Chamber Order within two weeks from today and file affidavit of publication within a week once the publication is done.

02.12.2025 Addl. Registrar (O.S.) / Addl.

Prothonotary and Senior Master sbk