Piyush Gangii Chheda v. Aditya Bharat Chheda
Order XXXVII Rule 4 CPC – Setting aside ex-parte decree – 'Special circumstances'
Case brief
What is this about?
Bombay High Court (OOCJ), Abhay Ahuja J, Oral Order dated 30.04.2025; IA 1686/2025 in Commercial Summary Suit 90/2021 (with IAs 1368/2025, 1715/2025, 1716/2025 in Suits 88/2021, 4/2021, 81/2021); Piyush Gangji Chheda (applicant/original defendant) v. Paras Bharat Chheda (original plaintiff); setting aside ex-parte decree under Order XXXVII Rule 4 CPC; deemed service of unclaimed registered cover (C.C. Alavi Haji v. Palapetty Muhammed, 2007 (6) SCC 555; Priyanka Kumari v. Shailendra Kumar); service on manager at company premises during CIRP; validity of service at one of multiple addresses; IBC moratorium scope — no protection to director; abuse of process; costs ₹1 lakh; applications dismissed.
What did the court decide?
No relief to the Applicant; all four interim applications dismissed and the Applicant directed to pay costs of ₹1 lakh to the Respondent within a period of three weeks