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Bombay High CourtIA/5126/2025disposed off

Mavani Infrastructures Llp v. Kalpavruksha Developers,

2025-11-10Hon'Ble Shri Justice Abhay Ahuja2 pages

44-IA-3146-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN PRASHANT DHURI Date:

2025.11.11 14:47:33 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION KANCHAN PRASHANT DHURI IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3146 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 31 OF 2022 Mavani Infrastructures LLP through its Partner Dhiraj Patel ... Applicant

Versus

M/s Kalpavruksha Developers and another ... Respondents WITH INTERIM APPLICATION NO. 5126 OF 2025 IN INTERIM APPLICATION NO. 3146 OF 2025 ............

Mr. Kapil Gor alongwith Mr. Satchit Gor, Mr. Shyam Singh and Mr. Aaryan Gaur, Advocate for the Applicant.

None for the Respondents.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

10 NOVEMBER 2025 P.C. :

Interim Application No. 5126 of 2025 :

1.

This Interim Application has been filed seeking service of Interim Application No.3146 of 2025 upon the Defendants No.1 and 2 by way of substituted service.

Kanchan Dhuri 1/2

44-IA-3146-2025.doc 2.

Mr. Gor, learned Counsel, appears for the Applicant and submits that service by the usual mode was unsuccessful and that therefore, this Court may permit the substituted service. 3.

Having heard the learned Counsel and having considered his submissions, this Court is of the view that this Application be allowed in terms of prayer clause (a), which reads thus : (a) By an Order of this Hon'ble Court, the Applicants be permitted to serve the Interim Application upon Defendant No.1 and 2 by way of substituted service by publication in the newspapers i.e. English Daily Free Press Journal and Marathi Daily Navshakti.

4.

Let service as above be effected by publication in the Free Press Journal and Nav Shakti within a period of four weeks and an appropriate affidavit of service be filed in this regard. 5.

Interim Application stands disposed as above. 6.

List the Interim Application No. 3146 of 2025 on 19th January 2026.

(ABHAY AHUJA, J.) Kanchan Dhuri 2/2