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: 15th April, 2026 CALLED FOR DIRECTION:

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

Ms. Kavita Dhanuka i/by Ms. Dhruti Kapadia, Advocate for Defendant 11 IN S/152/2025 P.C.

By this Chamber Order the Applicants / Plaintiffs seeks liberty to publish the Writ of Summons by way of substituted service upon the Defendant Nos. 1 to 5, 7 to 9, and 11 to 15. 2.

Ld. Advocate for the Applicants / Plaintiffs submits that, the Writ of Summons sent for service upon Defendant Nos. 3, 9, 11 and 12 have been served upon and she tenders affidavit of service dated 9th April 2026. The same is taken on record. As regards service upon Defendant No. 15 is concerned, the Ld. Advocate for the Applicants / Plaintiffs submits that, Suit against the Defendant No. 15 has been transferred to the list of undefended Suit by the Prothonotary & Senior Master, as per Order dated 28th November 2025. She, therefore, prays that, the Plaintiffs be permitted to serve the Writ of Summons upon (1) M/s. Damask Infracon Pvt. Ltd., Defendant Nos. 1, (2) M/s. R.K.W. Developers Pvt. Ltd., Defendant No. 2, (3) Kalpesh Keshav Shelar, Defendant No. 4, (4) Sunil Sambhaji Shinde, Defendant No. 5, (5) Rakesh Kumar Wadhawan, Defendant No. 7, (6) Sarang Wadhawan, Defendant No. 8, (7) Adarsh Nagar SRA CHS, Defendant No. 13 and (8) Pali Pareirawadi

: 2 :

SRA CHS., Defendant No.14, by way of substituted service as per schedule annexed to the Chamber Order. She, therefore, prays that the Chamber Order be allowed.

3.

Perused the affidavit in support and affidavit of service dated 9th April, 2026. For the reasons stated in the affidavit in support the Chamber Order is allowed and the same is signed separately. Applicant / Plaintiff is directed to publish the Writ of Summons by way of substituted service upon Defendant Nos. 1, 2, 4, 5, 7, 8, 13 and 14, in two newspapers viz. "Free Press Journal" in English Language and "Navshakti" in vernacular language i.e. Marathi, having wide circulation in Mumbai, within two weeks from the date of uploading this Order and file affidavit of publication within two weeks thereafter.

15.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk