Goyal Fashions Private Limited ... vs A 1 Century Trades Limited ...
2021 Latest Caselaw 5097 Bom

                                                                   40-CHSCD-141-17.doc

              Sharayu Khot.
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION

                         COMMERCIAL CHAMBER SUMMONS NO. 141 OF 2017
                                             IN
                        COMMERCIAL EXECUTION APPLICATION NO. 69 OF 2017


                   M/s. Goyal Fashions Private Limited            ...Applicant/
                                                                  Plaintiff

                          Versus

                   M/s.A-1 Century Trades Limited                 ...Respondent

                                                ----------
                   Ms. Kinjal Bhatt i/by Vidhi Partners for the Applicant.
                                                ----------

                                                CORAM :          R.I. CHAGLA J

                                               DATE          :   22 March 2021

                   ORDER :

1. Heard the learned Counsel for the Applicant.

Waishali

2. Learned Counsel for the Applicant refers to the S.

Waghmare

Digitally order dated 12th February 2018 passed by this Court (Coram: signed by Waishali S.

Waghmare Date:

2021.03.30 11:29:23 +0530 G.S. Patel, J.) by which it is recorded that the Chamber

Summons was not served despite attempts to serve by

registered post and hand delivery which had failed. The

Applicant was allowed to take an order departmentally for

40-CHSCD-141-17.doc

substituted service. Accordingly, the Applicant has fled an

Affdavit of Service dated 25th May 2018 by which it is stated

that the Applicant was allowed to carry out substituted service

of the Chamber Summons upon the Respondent. An order

dated 5th April 2018 was passed by the Additional Registrar

(O.S.)/Additional Prothonotary & Senior Master, High Court

Bombay in the Chamber Order (L) No. 333 of 2018 permitting

the Applicant to carry out substituted service of the Chamber

Summons upon the Respondent. It is further stated in the said

Affdavit dated 25th May 2018 that the Advocate for the

Applicant has arranged for substituted service of the Chamber

Summons upon the Respondent by way of publication in one

daily English newspaper being Free Press Journal Mumbai

edition and one vernacular (Marathi) daily being Navshakti

Mumbai edition. The original newspaper publications of the

captioned Chamber Summons which were published on 19th

April 2018 in the said Free Press Journal Mumbai edition and

Navshakti Mumbai edition have been annexed.

3. Thus, learned Counsel for the Applicant submits

that the Respondent has been served by substituted service.

She submits that inspite of said service, the Respondent has

40-CHSCD-141-17.doc

not appeared before this Court. She applies for ad-interim relief

in terms of prayer clauses (a) and (c) of the Chamber

Summons, which read thus:-

"a. This Hon'ble Court be pleased to direct the Respondent to declare all the movable and immoveable assets in any form whatsoever in the ownership of and/or belonging to the Respondent Company before this Hon'ble Court in the captioned Execution Application by way of an Affdavit.

b. .....

c. This Hon'ble Court be pleased to direct the Respondent to provide the details of the description of the immovable property situated at 316, Nilgiri Industrial Estate, IIIrd Floor, Behind Swan Mills, Sewri, Mumbai - 400 015 as are suffcient to identify the same and in case such an immovable property can be identifed by boundaries or numbers in a record of settlement or survey, a specifcation of such boundaries or numbers in the captioned Execution Application by way of an Affdavit."

4. Considering that the Applicant was permitted

substituted service, pursuant to the order dated 12th February

2018 passed by this Court and the order dated 5th April 2018

passed by the Additional Registrar (O.S.)/Additional

40-CHSCD-141-17.doc

Prothonotary & Senior Master, High Court Bombay and that

the captioned Chamber Summons having been published on

19th April 2018 in Free Press Journal and Navshakti Mumbai

edition, which are annexed to the Affdavit of Service dated

25th May 2018 fled in this Court, it would be appropriate to

grant ad-interim relief in terms of prayer clauses (a) and (c) of

the Chamber Summons. It is to be noted that inspite of

substituted service, the Respondent/Judgment-Debtor has not

appeared before this Court. Hence, the following order:-

(i) Ad-interim relief is granted in terms of prayer clauses

(a) and (c) of the Chamber Summons.

(ii) The Applicant is directed to serve a copy of this order

along with the notice of the next date to the

Respondent/Judgment-Debtor within a period of three

weeks from the date of this order.

(iii) Chamber Summons be placed on board on 19th April

2021.

[R.I. CHAGLA J.]