Borivali Girirah Co-Operative Housing Society Ltd. vs Smt. Rekhaben Jagdish Bhakta and Ors. — Bombay HC (2025) — LawSathi Research

Borivali Girirah Co-Operative Housing Society Ltd. vs Smt. Rekhaben Jagdish Bhakta and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Procedural directions on service of notice: respondent No. 4 deemed duly served under Order V Rule 17 CPC; applicant's advocate granted a last chance of two weeks to take steps for service on respondent No. 6 and to pay airmail charges for notice to respondent No. 3 (notice returnable by 10 weeks once paid); on default, necessary orders including dismissal may be passed on the next date.

Issue for consideration

Whether service of notice upon respondent No. 4 should be treated as good service under Order V Rule 17 of the Code of Civil Procedure, 1908. +2 more

Court's answer

The applicant's advocate is directed to take appropriate steps for service of notice on respondent No. 6 within two weeks (last chance); on failure, necessary order including dismissal shall be passed on the next date.

Ratio / Principle

Service of notice upon respondent No. 4 is treated as good service under Order V Rule 17 of the Code of Civil Procedure, 1908, the notice having been pasted on the door as per the bailiff's affidavit report.

Key takeaways

The applicant's advocate is directed to pay the necessary airmail charges for issuing notice to respondent No. 3 within 02 weeks without fail; on failure, necessary order including dismissal of the Civil Applications shall be passed on the next date; if the airmail charges are paid, notice to respondent No. 3 shall issue returnable by 10 weeks.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), order dated 13/01/2025 by Shri S.R. Agrawal, Registrar (Judl-II), in Civil Application Nos. 186 and 185 of 2024 in First Appeal No. 456 of 2022, dealing solely with service of notice: (i) service on respondent No. 4 treated as good service under Order V Rule 17 of the Code of Civil Procedure, 1908, on the bailiff's affidavit report that the respondent was absent, the house was locked, and notice was pasted on the door; (ii) applicant's advocate directed, as a last chance, to take appropriate steps for service on unserved respondent No. 6 within two weeks, failing which necessary orders including dismissal shall be passed on the next date; (iii) applicant's advocate directed to pay airmail charges for notice to respondent No. 3 within two weeks without fail, failing which similar consequences follow, and if paid, notice to issue returnable by 10 weeks. No merits adjudicated; no precedent cited.

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

CIVIL APPLICATION NO. 186 OF 2024 ALONGWITH CIVIL APPLICATION NO. 185 OF 2024 IN FIRST APPEAL NO. 456 OF 2022

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

CORAM : SHRI S.R. AGRAWAL REGISTRAR (JUDL -II)

DATE : 13/01/2025

Adv. Geeta Baudh i/by Adv. H.J. Lulia present for the Applicant Adv. Ruchi Umrotkar i/by Adv. S.R. Page present for the Applicant

The notice issued to respondent No. 6 is returned unserved. Hence, the learned advocate for the applicant is directed to take appropriate steps for service of notice upon above unserved respondent within two weeks (last chance). On failure, necessary order including dismissal shall be passed on the next date.

The office remark shows that notice issued to respondent No. 4 on 07/08/2024 is returned with Bailiff’s remark dt. 07/12/2024 “At the time of service, the respondent No. 4 was not found and his house was locked. On inquiry, it was informed that respondent No. 4 is gone out and will return back in the eventing” Therefore, as per Hon’ble Court’s order, notice was pasted on the conspicuous part of the doors”. The report below notice is on the affidavit of concerned bailiff.

Hence, service of notice upon respondent No. 4 be

treated as good service vide Order V Rule 17 of the Code of Civil Procedure, 1908.

The office remark disloses that notice issued to respondent No. 3 by Airmail on 07.08.2024 is yet to be received. Therefore the learned advocate for the applicant is directed to pay necessary airmail charges for issuing notice to respondent No. 3 within 02 weeks without fail. On failure, necessary order including dismissal of Civil Applications shall be passed on the next date. If aimail charges paid, issue notice to respondent No. 3, returnable by 10 weeks.

Sd/REGISTRAR (JUDL-II)

sat-R(J-II)-13.01.2025