Manjula Suresh Goradia And 2 ORS v. Shah Construction Company And ANR

41-S-1479-2007-IA-1443-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1443 OF 2026 IN SUIT NO. 1479 OF 2007 MANJULA SURESH GORADIA AND OTHERS )...APPLICANTS

IN THE MATTER BETWEEN

SURESH M. GORADIA (since deceased) ) MANJULA SURESH GORADIA AND OTHERS )...PLAINTIFFS V/s.

M/S.SHAH CORPORATION COMPANY LTD.

) AND ANOTHER )...DEFENDANTS Ms.Swati Sawant i/by S.K.Legal, Advocate for the Applicants/Plaintiffs. None for the Defendants.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th MARCH 2026 P.C. :

1.

This Interim Application seeks service of writ of summons and plaint by substituted mode.

2.

Ms.Swati Sawant, learned Counsel, appears for the Applicants / Plaintiffs and submits that since service by the regular mode has been returned with the remark "person shifted" and no other address of the Defendant no.2 is known, this Court may permit substituted service in ARTI VILAS KHATATE terms of the prayer clause (a).

avk 1/2 by ARTI VILAS KHATATE Date:

2026.03.26 19:07:07 +0530

41-S-1479-2007-IA-1443-2026.doc 3.

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

(a) That this Hon'ble Court be pleased to pass the necessary order / direction and allow the Applicants to make / effectuate the substitute service by way of paper publication in two local news papers i.e. in one prominent English daily newspaper and one prominent Marathi daily newspaper having circulation in Mumbai, for the Defendant no.2.

4.

Let service to the Defendant no.2 be effected by publication as above within a period of four weeks and an appropriate Affidavit of service be filed.

5.

The Interim Application accordingly stands allowed and disposed as above.

SUIT NO. 1479 OF 2007 6.

List the Suit on 17th June 2026.

(ABHAY AHUJA, J.) avk 2/2