Rajesh Krishan Kaushal vs Carpe Heat Transfers Private Limited
2024 Latest Caselaw 22692 Bom

Bombay High Court

Rajesh Krishan Kaushal vs Carpe Heat Transfers Private Limited on 5 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                   14. IA 3594-23 in COMEXL 26410-23 2 connected matters.doc


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

                                  INTERIM APPLICATION NO. 3594 OF 2023
                                                   IN
                          COMMERCIAL EXECUTION APPLICATION (L) NO. 26410 OF 2023

                     Rajesh Krishan Kaushal                                               ...Applicant
                           V/s.
                     Carpe Heat Transfers Pvt. Ltd.                                       ...Respondent
                                                       WITH
                                      INTERIM APPLICATION (L) NO. 19330 OF 2024
                                                       WITH
                                         JUDGE'S ORDER (L) NO. 26487 OF 2023


                     Mr. Amogh Pradhan with Mr. Anston Vaz i/b Divya Shah Associates for
                     Applicant.

                                               CORAM     :       ABHAY AHUJA, J.

                                               DATE      :       5th AUGUST , 2024


                     P.C. :

1. Mr. Pradhan, learned Counsel appears for the Applicant and

submits that the service of the Execution Application as well as Interim Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL Application could not be effected upon the Respondent through GADGIL Date:

2024.08.06 15:16:31 +0530

ordinary mode in as much as despite best efforts and the Judgment

Debtor appears to be avoiding service. That therefore, this Court allow

the Application.

14. IA 3594-23 in COMEXL 26410-23 2 connected matters.doc

2. Having heard the learned Counsel and having considered the

submissions and for the reasons mentioned in the Application, this

Court is of the view that the Application is allowed in terms of prayer

Clause (a), which reads thus:

"(a) This Hon'ble Court be pleased to pass an Order permitting the Applicant to effect substituted service of the notice informing of the institution and pendency of the said Proceedings upon the Judgment Debtors as per the provisions of Order V Rule 20 of the Civil Procedure Code, 1908 by way of an advertisement in a daily newspaper circulating in the locality in which the Judgment Debtors are last known to have voluntarily resided, carried on business or personally worked for gain at the address/es set out in the subject Execution Application and cause title of the present Application."

3. Let the service be effected within a period of four weeks and an

appropriate affidavit of service be filed in this regard. The Application

accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.)