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Bombay High Court

SAKET SANJYA SHAH -MINOR-GUARDIAN SANJAY RASIKLAL SHAHversusASHRAFI RIYASAT ALI AND ANR

Decided
Disposal
Allowed

Holding

The Court allowed the interim application for substituted service, directing publication of notice as per the stipulated timeline.

Summary

In an interim application filed on 20 August 2026, the applicant sought to serve Respondent No. 1 by substituted service after a bailiff returned the notice as unserved, stating the respondent did not reside at the given address and his whereabouts were unknown. The applicant's counsel argued that the applicant was unaware of any new address and that substituted service was the only viable method to give notice. The application was supported by an affidavit before a Notary and referenced the same address as in the lower court's judgment. The Court, after considering the affidavit, allowed the interim application for substituted service, directing the applicant to obtain a copy of the publication notice from the department within two weeks, publish it in a newspaper, and file the published copy within eight weeks, with the entire exercise to be completed within ten weeks. The order thus permits service by publication to satisfy procedural requirements.

Issues considered

  • Whether substituted service by publication is permissible when the respondent cannot be located at the known address.

Subjects

  • substituted service
  • civil procedure
  • interim application
  • notice service
  • publication

Judgment

                                    FARAD CONTINUATION SHEET NO.                                                  26
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION


                               INTERIM APPLICATION. NO. 6481 OF 2026
                                               IN
                                   FIRST APPEAL NO. 1305 OF 2009


---------------------------------------------------------------------------------------------------------------
  Office Notes, Office Memoranda of Coram,                                     Court’s or Judge’s order
appearance, Court’s Orders or directions and
             Registrar’s orders
---------------------------------------------------------------------------------------------------------------


              CORAM : DR. M.S. DESHPANDE
                      REGISTRAR (JUDL -II)

              DATE        : 20/08/2026

Adv Shivam Gawde i/by Adv. Uday B. Nighot
present for the Applicant

           As per office note, notice issued to
Respondent No. 1 is returned unserved with
Bailiff’s remark,         “respondent No. 1 is not
residing at given address and nobody knows
about him.”
           The learned Advocate for Applicant
submits that the applicant was not aware
about new address. Thus, according to him,
only option left is to serve the Respondent
No. 1 by way of substituted service.
         The Learned Advocate has taken out
present        Interim       Application         to     serve
Respondent No. 1 by way of substituted
service.    Address    of    Respondent    No.   1
mentioned in the above notice is the same as
mentioned in Interim Application and in
memo of First Appeal as well as in Judgment
of the Lower Court. The application is
supported by an affidavit executed before a
Notary.
           In turn, Interim Application No. 6481
of 2026 for substituted service is allowed in
terms of prayer clause (a), returnable by 10
weeks.
       The learned Advocate for the Applicant
is directed to collect copy of Publication
Notice from the department within two
weeks and thereafter, publish the same in the
newspaper       and   file    published   copy   of
newspaper within 08 weeks from the date of
this order. The learned Advocate is directed
to do all the exercise within 10 weeks from
the date of this order.


                                    sd/-
                             REGISTRAR (JUDL-II)


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