Allowed

Kavita Pritam Gavali @ Kavita Jagdish Ahire v. Pritam Baban Gavali

Bombay HC13 Dec 2023IA/17943/2023

Case brief

AI extract

What is this about?

An interim application for substituted service filed by an applicant against the respondent. The High Court allowed the application after being satisfied that the respondent was deliberately avoiding service.

What did the court decide?

Application allowed for substituted service by affixing and pasting the Notice/Summons at the outer door of the Respondent at the address provided.

Kavita Pritam Gavali @ Kavita Jagdish Ahire Vs… — Civil Procedure and Limitation | Bombay HC (2023)

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23-MCA-235-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.17943 OF 2023

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IN

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MISCELLANEOUS CIVIL APPLICATION NO.235 OF 2023 WITH

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MISCELLANEOUS CIVIL APPLICATION NO.235 OF 2023

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KAVITA PRITAM GAVALI )

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@ KAVITA JAGDISH AHIRE)...APPLICANT

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V/s.

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PRITAM BABAN GAVALI)...RESPONDENT

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Ms.Deepali A. Bagla, Advocate for the Applicant in IA and MCA through
Legal Aid.

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CORAM:ABHAY AHUJA, J.
DATE:13th DECEMBER 2023

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P.C. :

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1. This is an Application seeking substituted service upon the Respondent.

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2.Ms.Bagla, learned Counsel appearing for the Applicant through
legal aid, referring to the bailiff’s remark stating that the Respondent
had left the said premises two months before and the present
whereabouts are not known, submits that this Application is therefore

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being preferred under Order V Rule 20 of the Code of Civil Procedure,
1908 (CPC).

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avk 1/3

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23-MCA-235-2023.doc

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3.Ms.Bagla submits, on instructions, that the service was attempted
on the last known address of the Respondent mentioned in the cause
title. That, the Applicant provided the said address for effecting
service. That, earlier the Respondent has always accepted service on the
said address but failed to remain present on the returnable date for
reasons best known to him.

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4.Learned Counsel submits, on instructions from the Applicant,
who is present in Court, that on the last date before the Family Court at
Dhule, in the restitution proceedings, the Respondent’s Counsel had
appeared and sought time on the ground that this Miscellaneous Civil
Application is pending before this Court. Learned Counsel submits that,
it is therefore clear that the Respondent is deliberately avoiding service
in order to delay the proceedings, and therefore, this Court allow
substituted service as prayed for.

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5.A perusal of Rule 20 of Order V of the CPC indicates that where
the Court is satisfied that there is reason to believe that the Defendant
is keeping out of the way for the purpose of avoiding service or for any
other reason, the summons cannot be served in the ordinary way, the
Court shall get the summons to be served by affixing copy thereof in

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avk 2/3

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23-MCA-235-2023.doc

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some conspicuous place in the Court-house and also upon some
conspicuous part of house in which the Defendant/Respondent is
known to have last resided or carried on business or personally worked
for gain, or in such other manner as the Court thinks fit.

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6. Having heard the learned Counsel and having perused the Application and the supporting documents, this Court is of the view that the Application be allowed, as prayed for, in terms of Prayer clause (a), which reads thus :

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“That this Hon’ble Court be pleased to allow this Application
for substituted service by affixing and pasting the
Notice/Summons at the outer door of Respondent on the
address as provided hereinbelow :

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Mr.Pritam Baban Gavali
Flat No.441, Room No.B/19,
Nirankar Society, Sector No.4, Charkop,
Near Saraswat Bank, Kandivali West,
Mumbai – 400 067.”

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7. The Application, accordingly, stands disposed.

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MISCELLANEOUS CIVIL APPLICATION NO.235 OF 2023

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8. Ad-interim relief granted earlier to continue till the next date.

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9. List the Miscellaneous Civil Application for hearing on 12^th

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ARTI VILAS KHATATE

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Digitally signed by ARTI VILAS KHATATE Date: 2023.12.14 15:36:40 +0530

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January 2024.

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(ABHAY AHUJA, J.)

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Kavita Pritam Gavali @ Kavita Jagdish Ahire v. Pritam Baban Gavali

Case brief

What is this about?

What did the court decide?

Kavita Pritam Gavali @ Kavita Jagdish Ahire v. Pritam Baban Gavali

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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