The court allowed an interim application permitting substituted service of a Writ of Summons on a defendant via publication in local Goan newspapers under Order V Rule 20 CPC.
Allowed the application to permit substituted service of Writ of Summons in local newspapers of Goa.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed by MUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.04.20 10:40:41 +0530
1 906-IA 1643-23 in COMSS 1231-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO.1643 OF 2023
IN
COMMERCIAL SUMMARY SUIT NO.1231 OF 2019
Carl Pinto De Andrade & Ors. … Applicants In the matter of Carl Pinto De Andrade & Ors. … Plaintiffs V/s.
Ventura Securities Limited & Ors. … Defendants
Ms. Prachi Singh i/by Yasmin Bhansali & Company for the Applicants/Plaintiffs. Mr. Vishal Pattabiraman i/by M/s. Purohit & Company for Defendant No.1.
CORAM : ARIF S. DOCTOR, J. DATE : 19TH APRIL 2023
P.C. :
Writ of Summons on Defendant No.3 by way of substituted service as contemplated under Order V Rule 20 of the Code of Civil Procedure, 1908 by publication of the Writ of Summons in the following local two newspapers of Goa :-
(i) Times of India, Goa Edition (English) (ii) Goan Varta (Marathi)
Mugdha
1 of 2
2 906-IA 1643-23 in COMSS 1231-19.doc
the present Interim Application, which sets out why the service, though attempted, was incomplete.
Bailiff and find that the Applicants have made out a sufficient case for being granted substituted service. Therefore, the Interim Application is allowed in terms of prayer clause (a), which reads as follows :-
order.
(ARIF S. DOCTOR, J.)
Mugdha
2 of 2
1 issue framed by the court
Whether substituted service by newspaper publication is permissible under Order V Rule 20 CPC.
1 provisions across 1 enactments
Carl Pinto De Andrade & Ors.
Ventura Securities Limited
Crefin India Management Private Limited
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
