Paavan Vikran Sahjwani vs Tushar Mehta And Ors
2024 Latest Caselaw 3605 Bom

Bombay High Court

Paavan Vikran Sahjwani vs Tushar Mehta And Ors on 6 February, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                        1                      34 inpt 20-23-os.doc


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


                           INSOLVENCY PETITION NO.20 OF 2023

 Re :
 Tushar Mehta and ors.                        ... Debtors

 Ex-parte:
 Paavan Vikram Sahjwani                         ... Petitioning Creditor
                                            -------

 Ms. K. S. Lalwani, Advocate for the Petitioning Creditor.
 Ms. M. R. Parkar, Insolvency Registrar is present.
                                   -------

                            CORAM :   ABHAY AHUJA, J.

                            DATE :    06 FEBRUARY, 2024.


 P.C. :

1. Ms. Lalwani, learned counsel appears for the Petitioning Creditor

and submits that the Judgment Debtors are avoiding service and has filed

an affidavit seeking substituted service upon the Judgment Debtors.

2. A perusal of the Application and the Bailiff's report indicates that 3

attempts have been made by the Bailiff to serve the Judgment Debtors

viz. on 16th January, 2024, 24th January, 2024 and on 25th January, 2024.

However, the Judgment Debtors have not been found at the said

Priya R. Soparkar 1 of 2

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addresses. Ms. Lalwani submits that the Judgment Debtors have been

avoiding service as can be seen from the reports of the Bailiff and

therefore, seeks substituted service.

3. Having heard the learned Advocate and having perused the

Application, considering the provisions of Order V Rule 20 of the Code of

Civil Procedure, 1908 (CPC), the Application for substituted service is

allowed in terms of paragraph No.11 of the affidavit dated 1 st February,

2024 of the Petitioning Creditor. The substituted service be effected

within the period of four weeks and an appropriate affidavit of service be

filed in this regard.

4. List on 19th March, 2024.

                                                    (ABHAY AHUJA, J.)




   Priya R. Soparkar                                                                     2 of 2