Bombay High Court
GREAT PYRAMID INVESTMENTversusELEGANT CRFATS
- Decided
- Disposal
- DISPOSED OFF
Holding
Service by newspaper publication is permissible when ordinary service cannot be effected, and the interim application seeking such service is allowed.
Summary
The Great Pyramid Investment Ltd. filed an interim application seeking service of the judgment debtor, Elegant Crafts, by way of newspaper publication because ordinary service could not be effected. The applicant, represented by Ms. Urusah M.I. i/b. Dave, requested that the court permit service as per the procedural rules. The issue before the court was whether service by publication was permissible when personal service failed. The court held that the inability to serve the debtor in the ordinary manner justified resorting to service by publication under the applicable rules. Accordingly, the interim application was allowed, the prayers were granted, and the matter was disposed of, with a further hearing fixed for 25 November 2026.
Issues considered
- Whether service of the judgment debtor by newspaper publication is permissible under the procedural rules when ordinary service is not possible.
Subjects
- service of process
- interim application
- publication
- civil procedure
- execution
Judgment
35-IA-705-2026-IN-EXA-424-2003+NMS-1732-2017-IN-EXA-424-2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.705 OF 2026
Digitally signed
by SATISH
WITH
SATISH
RAMCHANDRA
RAMCHANDRA
SANGAR NOTICE OF MOTION NO.1732 OF 2017
SANGAR Date:
2026.10.09
10:32:03
+0530
IN
EXECUTION APPLICATION NO.424 OF 2003
WITH
INTERIM APPLICATION (L) NO.34558 OF 2026
[NOT ON BOARD : TAKEN ON BOARD]
The Great Pyramid Investment Ltd. ...Applicant
In the matter between:-
The Great Pyramid Investment Ltd. ...Plaintiff
Versus
Elegant Crafts ...Respondents
===================================================
Ms.Urusah M.I. i/b. Dave and Advocate for Applicant.
Company:-
====================================================
CORAM : S. M. MODAK, J.
DATE : 7th OCTOBER 2026
P. C. :-
1. The Interim Application (L) No.34558 of 2026 is taken on
board as per the oral request.
2. The Notice of Motion is restored as per the order dated 15 th July
2026 passed in Interim Application No.1454/2026. The Respondent/
Satish Sangar 1/2
35-IA-705-2026-IN-EXA-424-2003+NMS-1732-2017-IN-EXA-424-2003.doc
Judgment Debtor could not be served in ordinary way. That is why,
present Application for serving them as per the paper publication. Let
it be done as per the Rules.
3. The Interim Application is allowed as per prayer clauses (a), (b)
and (c) and it is disposed of.
4. Stand over to 25th November 2026.
5. Similar prayers are made in Interim Application No.705 of
2026. It is also disposed of.
[S. M. MODAK, J.]
Satish Sangar 2/2
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