Auxilo Finserve Pvt Ltd v. Jenish Hareshbhai Sitapara

21-IA-7308-2025 @ CONNECTED MATTER.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7308 OF 2025 IN EXECUTION APPLICATION NO. 2403 OF 2025 Auxilo Finserve Pvt Ltd.

... Applicant V/s.

Jenish Hareshbhai Sitapara ... Respondents WITH INTERIM APPLICATION NO. 1610 OF 2026 IN INTERIM APPLICATION NO. 7308 OF 2025 Ms. Siman K. Raj with Ms. Vedika Pedhambkar i/b Ms. Tikshta Modi for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th MARCH, 2026 P.C. :

Interim Application No. 1610 of 2026 1.

Although none was present on behalf of the Applicant on 23rd January, 2026, today when the matter is called out, Ms. Raj, learned Counsel appears for the Applicant and submits that the Interim Application No. 1610 of 2026 has been taken out seeking substituted service in the matter as the service by the regular mode could not be effected. That service by the regular mode to the last known address was returned with remarks "Left-return to sender". Also screen shot of the email and attempted digital service are at Exhibit-B and that the Digitally signed by NIKITA YOGESH GADGIL Date:

2026.03.26 10:43:34 +0530 same has not yet bounced back. That, despite the same since none has NIKITA YOGESH GADGIL appeared, this Application has been taken out. Nikita Gadgil 1/2

21-IA-7308-2025 @ CONNECTED MATTER.doc 2.

Having heard the learned Counsel and having considered her submissions, the Interim Application is allowed in terms of prayer Clause (a), which reads thus:- "(a) This Hon'ble Court may be pleased to allow the present application and the directions may be passed by the Hon'ble court for issuance of the Notice / Summons to Respondents by way of newspaper publication in the locality where the Respondents were last known to have resided or personally worked for gains."

3.

Let the substituted service as above be effected within a period of four weeks and an appropriate affidavit of service be filed. 4.

List on 17th June, 2026.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2