Bombay High Court
MUNICIPAL CORPORATION OF GREATER MUMBAIversusMRS. NEETA BHARAT PATEL
- Decided
- Disposal
- Allowed
Holding
The court held that substituted service by publishing the notice in the designated newspapers is permissible under the circumstances.
Summary
The Municipal Corporation of Greater Mumbai applied to the High Court for substituted service of a notice on Mrs. Neeta Bharat Patel after personal service by a bailiff was returned marked ‘No such person, hence affixed on door’. The corporation sought to publish the notice in the Free Press Journal (English) and Daily Navshakti (Marathi), both circulating in Mumbai where the respondent was last known to reside or work. The court examined whether the failure of personal service justified resort to substituted service under procedural law. It considered the adequacy of the chosen newspapers to reach the respondent given her last known location. The court allowed the application, directing that the notice be published in the specified newspapers and made returnable on 23 December 2026, subject to the applicant depositing any required charges.
Issues considered
- Whether substituted service by newspaper publication is permissible when personal service by bailiff fails
Subjects
- substituted service
- civil application
- notice
- bailiff service failure
- newspaper publication
- High Court of Bombay
Judgment
1 of 2 1.IA.3370.2019.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 3370 OF 2019
IN
FIRST APPEAL NO.62 OF 2022
Municipal Corporation of Greater Mumbai Applicant
versus
Mrs.Neeta Bharat Patel,
R/o.Room at Kesarbai Chawl, Devrukhar Wadi,
Chinchli Bunder Road, Malad (West),
Mumbai-400097. Respondent
_______
Ms.Pallavi Khale i/by Ms.Komal Punjabi for Appellant.
None for Respondent.
_______
CORAM : AARTI SATHE, J.
DATE : 30th September 2026
P.C.
1. This is an application seeking substituted service of notice on the
Respondent by publishing the same in the local newspapers viz.Free Press Journal
in English and Daily Navshakti in Marathi both having circulation in Mumbai
where the Respondent is based.
2. Having regard to the fact that service effected through the Bailiff is
returned with the endorsement `No such person, hence affixed on door’, this Civil
Application for substituted service is filed.
Digitally signed
3. Accordingly the Civil Application is allowed in terms or prayer clause
MANISH by MANISH
SURESHRAO
SURESHRAO THATTE
THATTE Date: 2026.09.30
15:04:59 +0530 (a) subject to the Applicant depositing necessary charges, if any.
M.S.Thatte
2 of 2 1.IA.3370.2019.DOC
4. The notice of this Civil Application be published in daily Free Press
Journal in English and Daily Navshakti in Marathi both having circulation in
Maharashtra where the Respondent was last known to have actually and voluntarily
resided, carried on business or personally worked for gain. The notice is made
returnable on 23rd December 2026.
(AARTI SATHE, J.)
M.S.Thatte
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