Deepak Namchand Shah v. Marvelous Builders Pvt Ltd

50-S-684-2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUITS NO. 684 OF 2013 Deepak Shah ...Plaintiff V/s.

Marvelous Builders Pvt Ltd ...Defendant WITH INTERIM APPLICATION NO. 2678 OF 2025 IN SUITS NO. 684 OF 2013 Ms. Bhagyashri Mangala i/b Mr. E. A. Sasi, Advocate for the Plaintiff. Mr. Deepak Shah, Plaintiff Present.

CORAM

:

ABHAY AHUJA, J.

DATE :

15th December 2025 P.C. :

1.

This matter is mentioned after the board has been discharged for the day.

2.

Ms. Bhagyashri Mangala, learned Counsel for the Plaintiff, submits that the Interim Application is to be urgently heard as the Defendants are about to create third party rights. 3.

However, upon a query from this Court as to whether the Defendants have been notified through the Indian Postal System, Ms. Arya Chavan 1/2

50-S-684-2013.doc Bhagyashri Mangala, learned Counsel for the Plaintiff, submits that earlier an e-mail was sent. In my view, that is not sufficient as no affidavit of the service has been filed.

4.

List on 22nd December, 2025 on the Supplementary Board. 5.

It is made clear that the matter will be heard, provided service through the Indian Postal System is effected on the Defendant and an appropriate Affidavit of service is filed.

(ABHAY AHUJA, J.) Arya Chavan 2/2