Babusha Champshi Shah vs Sulochana Dhirendra Shah(Mother ...
2022 Latest Caselaw 5772 Bom

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        ORDINARY ORIGINAL CIVIL JURISDICTION
                              [ COMMERCIAL DIVISION ]

                          INTERIM APPLICATION NO.2079 OF 2022
                                            IN
                       COMMERCIAL SUMMARY SUIT NO.1223 OF 2019

Babusha Champshi Shah                                          .. Applicant-Org. Plaintiff
             Vs.
Sulochana Dhirendra Shah and Ors.                              .. Defendants


Ms. Hetal Patel, with Mr. Sarthak Dhone, for the Applicant-Org. Plaintiff.
Mr. Kamlesh Tiwari for Defendant Nos.1 and 2.


                                                        CORAM : A. K. MENON, J.

                                                        DATE      : 23RD JUNE, 2022.

P.C. :

1. The IA seeks a direction to the registry to issue fresh writ of summons for

service upon defendants 3 to 5 and for leave to serve the summons by substituted

service upon defendants 3 to 5. Defendants 1 and 2 are said to be served. Hence, this

IA.

2. Vakalatnama of Mr. Tiwari on behalf of defendants 1 and 2 is already on

record. On behalf of the plaintiff, Ms. Patel undertakes to file Summons for Judgment

within one week from today and serve Mr. Tiwari.

3. Affidavit-in-reply to Summons for Judgment shall be filed within two weeks of

date of service. Affidavit-in-rejoinder, if any, to be filed within one week thereafter.

908-IA-2079-2022.doc Dixit

4. The bailiff's report dated 27th March 2022 annexed to the IA discloses that

defendants 3 to 5 have been attempted to be served at their addresses given in the

cause-title; however the staff present at the office of defendant no.3 declined to

accept service not only on behalf of defendant no.3 but also for defendants 4 and 5.

5. In the circumstances, I pass the following order :-

(i) As far as defendant no.3 is concerned, service shall be treated as

complete since they have refused to accept summons.

(ii) By way of abundant caution, the plaintiff's Advocate shall serve

the defendant no.3-company at its e-mail id disclosed in the

Company Master Data appearing on the website of the Ministry

of Corporate Affairs. Let this be done forthwith.

(iii) Issue fresh notice to defendant nos.4 and 5, returnable on 4 th

July 2022.

(iv) Affidavit-of-service of the bailiff in respect of service of writ of

summons upon defendants 4 and 5 and service by e-mail upon

defendant no.3 shall be filed by 30th June 2022.

                                     (v)    List the IA on 4th July 2022.




                                                                                                    (A.K. MENON, J.)




        Digitally signed

SNEHA   by SNEHA

ABHAY
        ABHAY DIXIT
        Date:              908-IA-2079-2022.doc
        2022.06.24
DIXIT   16:55:34
        +0530              Dixit