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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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