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Bombay High Court

PEOPLE INTERACTIVE (INDIA) PRIVATE LIMITEDversusNIBHA SINGH

Decided
Disposal
DISPOSED OFF

Holding

The court held that substituted service by newspaper advertisement is permissible and granted the application.

Summary

The plaintiff, People Interactive (India) Pvt. Ltd., filed an interim application seeking substituted service of summons on Defendants 1 and 2 after three unsuccessful attempts at personal service. The court observed that the defendants appeared to be evading service. Relying on the provisions governing substituted service, the judge permitted service by publishing a notice in a newspaper circulating in the locality where the defendants were last known to conduct business. The order specifically directed that the writ of summons be served by newspaper advertisement. The interim application was therefore allowed and disposed of in accordance with the prayer clause.

Issues considered

  • Whether substituted service by newspaper advertisement is permissible when personal service attempts have failed.

Subjects

  • substituted service
  • service of summons
  • civil procedure
  • interim application
  • newspaper advertisement

Judgment

                                                  1/2                 902-IA-6090-2025.DOC



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by
         MOHAMMAD
MOHAMMAD AREEB
                             ORDINARY ORIGINAL CIVIL JURISDICTION
AREEB    MOHD
MOHD     AKBAR
AKBAR    Date:
         2026.09.19
         12:00:06
         +0530              INTERIM APPLICATION NO. 6090 OF 2025
                                                  IN
                                       SUIT NO. 18 OF 2025


       People Interactive (India) Pvt. Ltd.                                    ...Applicant
       In the matter between:
       People Interactive (India) Pvt. Ltd.                                    ...Plaintiff
                Versus
       Nibha Singh & Ors.                                                      ...Defendants
                                               _______
       Ms. Letishiya Chaturvedi i/b Veritas Legal for the Applicant/Plaintiff.
       Mr. Abhishek Mookherjee i/b Shardul Amarchand Mangaldas for Defendant
       No.3.
       Mr. Alankar Kirpekar a/w Mr. Ayush Tiwari i/b Mr. Shekhar S Bhagat & Ms.
       Neelaja Kirpekar for Defendant No.4.
                                               _______
                                     CORAM         :      ARIF S. DOCTOR, J.
                                     DATE          :      18th SEPTEMBER, 2026


       P.C.


       1.       This is an Application for substituted service.

       2.       Having due regard to what has been set out in the Interim Application

       and having noted the three previous attempts made by the Applicant to serve

       Defendant Nos. 1 and 2, I am satisfied that the said Defendants appear to be

       evading service. I am, therefore, inclined to allow this Application for substituted

       service.

       3.       The Interim Application is accordingly allowed in terms of prayer clause




       Areeb
                                            2/2                     902-IA-6090-2025.DOC



‘a’, which reads thus:

            “a. Pass an order permitting substituted service of the writ of summons to
            Defendant Nos. 1 and 2 by an advertisement in a newspaper circulating in
            the locality in which Defendant Nos. 1 and 2 were last known to have
            actually and voluntarily carried on business and worked for gain;”


4.      The Interim Application is accordingly disposed of.




                                                       [ARIF S. DOCTOR, J.]




Areeb


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