Multi Bungalow Owners Co Operative Housing Society Ltd v. Elegant Enterprises And 3 Others

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 10th June, 2026 CALLED FOR DIRECTION:

2. CHOL/ 371/2026 ) ) ) Ms. Shraddha Prajapati i/by Shri Parag Shah, Advocate for the Applicant / Plaintiff.

Shri Abhishek Nair i/by Federal & Co., Advocate for the Defendant No. 1 and 1a IN S /129/2016 P.C.

It appears from the title to the Chamber Order, the amendment made in the Plaint is not incorporated. 2.

Ld. Advocate for the Plaintiff seeks liberty to incorporate the title of Defendant No. 1a and 1b. 3.

Liberty granted to the Plaintiff to write the name of Defendant No. 1a and 1b in the title of Chamber order during the course of the day.

4.

By this Chamber Order, the Applicant / Plaintiff seeks liberty to serve the Writ of Summons upon (1) Mr. Sevantilal Shah, Defendant Nos. 1b, by way of substituted service as per the schedule annexed to the Chamber Order.

5.

Heard. Perused the Affidavit in support. Ld. Advocate for the Applicant submits that, the writ of summons sent for service upon the abovenamed Defendant Nos. 1b, by RPAD could not be served and the envelopes were returned by the Postal Authority with remark "Addressee left" and filed affidavit of service to that effect. She, therefore, prays that, the Chamber Order be allowed and the Plaintiff be permitted to serve the Writ of Summons upon

: 2 :

Defendant No. 1b by way of substituted service i.e. to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and in "Janmbhoomi" in vernacular language i.e. Gujarati, widely circulated in Mumbai and also by pasting of Writ of Summons on a conspicuous part at the last known address of the abovenamed Defendant No. 1b.

6.

For the reasons stated in the affidavit in support, the Chamber Order is allowed and the same is signed separately. Applicant is directed to publish the Writ of Summons as per the Schedule annexed to the Chamber Order by way of substituted service upon abovenamed Defendant No. 1b and also by pasting of Writ of Summons on a conspicuous part at the last known address of the abovenamed Defendant No. 1b, within two weeks from the date of uploading this Order. Applicant to file the affidavit of service within two weeks thereafter.

7.

Registry is directed to issue fresh Writ of Summons, if required.

10.06.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk