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Bombay High CourtIA/5400/2025disposed off

Manish Shah (Huf) v. Syed Altaf

2026-03-04Hon'Ble Shri Justice Abhay Ahuja2 pages

47-IA-5400-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2026.03.05 19:01:36 +0530 KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 2420 OF 2024 IN EXECUTION APPLICATION NO. 1250 OF 2025 Manish Shah ... Applicant

Versus

Sayed Altaf ... Respondent WITH INTERIM APPLICATION NO. 5400 OF 2025 IN EXECUTION APPLICATION NO. 1250 OF 2025 ............

Ms. Drshika Hemnani instructed by M/s. Jhangiani, Narula & Associates, Advocate for the Applicant.

None for the Respondent.

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

CORAM

:

ABHAY AHUJA, J.

DATE :

4 MARCH 2026 P.C. :

Interim Application No. 5400 of 2025 :

1.

Ms. Hemnani, learned Counsel, appears for the Applicant and submits that since service by the regular mode has failed, this Application has been taken out for substituted service upon the Respondent.

Kanchan Dhuri 1/2

47-IA-5400-2025.doc 2.

It is observed that the packet has been returned with the remark "addressee left without instructions". That the address on which service has been endeavoured to be effected is the very same as has been available with the Applicant.

3.

Having heard the learned Counsel and having considered their submissions, the Application is allowed in terms of prayer clause (a), which reads thus :

(a) The Applicant be permitted to complete the service in respect of the Respondent through substituted service i.e., by way of issuing advertisement in daily English newspaper in the City of Hyderabad, and in daily newspaper in Telugu language being the newspapers circulating in the locality in which the Respondent is last known to have voluntarily resided under the provisions of Order V Rule 20 of the Code of Civil Procedure, 1908.

4.

Let the service be effected as above within a period of four weeks and an appropriate affidavit be filed.

5.

Accordingly, the Interim Application is allowed and disposed as above.

6.

List the Execution Application alongwith other connected proceedings on 2nd April 2026.

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