Bombay High Court
Doha Bank Dubai Branch vs Dimple Girish Raghoowanshi And ... on 16 February, 2023
Bench: R. I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2023.02.18
15:54:38 +0530
29-ia-278-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.278 OF 2022
IN
COMM EXECUTION APPLICATION NO.28 OF 2021
Doha Bank ...Applicant /
Decree Holder
Versus
Dimple Girish Ragoowanshi & Anr. ...Judgment
Debtors
----------
Mr. Kezer Kharawala i/b. Lex Juris for the Applicant / Decree Holder.
----------
CORAM : R.I. CHAGLA J
DATE : 16 February 2023
ORDER :
1. By this Interim Application, the Applicant / Decree
Holder has sought permission to serve Notice issued under Order XXI
Rule 22 of the Code of Civil Procedure, 1908 on the Judgment Debtor
Nos.1 and 2 as and by way of substituted service as mentioned in
prayer Clause (a).
29-ia-278-2022.doc
2. The Applicant has stated that the bailiff of the Deputy
Sheriff's office had been unable to serve the Judgment Debtor Nos.1
and 2 at the address mentioned in the cause title with the notice
under Order XXI Rule 22 of the Code of Civil Procedure, 1908 as
Judgment Debtors were not found at the address. After enquiry with
the mother in law of Judgment Debtor No.1, the Bailiff was informed
that Judgment Debtor No.1 had visited occasionally and Judgment
Debtor No.2 died in 2018. However, death certificate was not shown.
Thereafter, another visit has been made to the address of Defendant
Nos.1 and 2, wherein the Bailiff had been informed that the
Judgment Debtors have not been residing at the address and the
cousin of Judgment Debtor No.1 is residing at the said address. There
have been repeated visits by the bailiff from the Deputy Sheriff's
office to the address of the Judgment Debtors but the service has not
been effected as the Judgment Debtors have not found at the
address. Affidavit of Service dated 17th December, 2021 of the bailiff
of the Deputy Sheriff's office is annexed at Exhibit D to the Interim
Application.
3. The Applicant has stated that there is no further option
than to serve the notice on the Judgment Debtors by way of
29-ia-278-2022.doc
substituted service by publishing the Notice in two newspapers
having circulation in Maharashtra.
4. Having considered the averments in the Interim
Application as well as taking note of the fact that the bailiff from the
office of Deputy Sheriff, Mumbai has made repeated visits at the
address of the Judgment Debtor in order to serve them the notice
under Order XXI Rule 22 of the Code of Civil Procedure, 1908.
However, these visits have been unsuccessful as the Judgment
Debtors are not residing at the address mentioned in the cause title
of the Commercial Execution Application.
5. In view thereof, the relief sought for by the Applicant by
way of substituted service requires to be granted. Hence, the
following order:-
(i) The Applicant / Decree Holder is permitted to serve notice
No.21221 of 2021 issued under Order XXI Rule 22 of the Code of
Civil Procedure, 1908 to the Judgment Debtor Nos.1 and 2 by way
of substituted service by publication of notice in two news papers
viz. Free Press Journal in English language and Navshakti
29-ia-278-2022.doc
newspaper in vernacular Marathi language circulating in the
locality where Judgment Debtor Nos.1 and 2 have actually or
voluntarily resided at the last known address within a period of
six weeks from today.
(ii) The Applicant / Decree Holder is also permitted to affix a
true duplicate copy of Notice No.21221 of 2021 on the
conspicuous part of the last known address of Judgment Debtor
Nos.1 and 2 through bailiff of the Court.
(iii) The affixing of a duplicate copy of Notice No.21221 of
2021 on the notice board of this Court, permitted.
(iv) Interim Application is accordingly disposed of.
[R.I. CHAGLA J.]
