Constellation And Zephyr Residents Welfare Association v. Damask Infracon Pvt Ltd And 15 ORS

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 6th February, 2026 CALLED FOR DIRECTION:

1. CHOL/ 94/2026 ) ) ) Ms. Kinnari Mehta, Advocate for the Applicant / Petitioner.

IN S/152/2025 P.C.

This Chamber Order has been taken out by the Applicant for substituted service of writ of summons upon the Defendant Nos. 1 to 5, 7 to 9, 11 to 15 by publishing the same in two newspapers viz. "Free Press Journal" in English language and in "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai.

2.

It appears from the copy of the affidavit of bailiff annexed to the Affidavit in support that the writ of summons sent to the Defendant No. 12 viz. Gautam Kripa Dheeraj Grand SRA Cooperative Housing Society has received by either the acknowledgment or the unserved packet.

3.

Ld. Advocate for the Applicant / Plaintiff submits that, the Plaintiff has made communication with the postal authorities to find out the status of writ of summons to Defendant No. 12. She further submits that, the Defendant No. 12 did not receive any communication from the postal department or unserved packet. She, therefore, request that permission to grant to serve the writ of

: 2 :

summons upon the Defendant No. 12 once again and Chamber Order be allowed thereafter.

4.

Plaintiff is directed to serve the writ of summons once again upon Defendant No. 12 viz. Gautam Kripa Dheeraj Grand SRA Co-operative Housing Society through Sheriff of Bombay and file affidavit of service of the bailiff within two weeks from today. 5.

Adjourned to 16th February 2026.

06.02.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk