High Court of Bombay (OOCJ), Abhay Ahuja, J. (Oral Order, 30 April 2025): Four interim applications under Order XXXVII Rule 4 CPC seeking setting aside of ex-parte decrees dated 31 July 2023 (in Commercial Summary Suit No.90/2021, Commercial Summary Suit No.88/2021, Summary Suit No.4/2021 and Commercial Summary Suit No.81/2021) DISMISSED with costs. Held: (i) return of the postal packet of writ of summons/plaint with endorsement 'Unclaimed return to Sender' constitutes due service (C.C. Alavi Haji v. Palapetty Muhammed, 2007 (6) SCC 555; Priyanka Kumari v. Shailendra Kumar, TP(C) No.2090/2019); the affidavit of service dated 28.10.2021 of the clerk of the Sheriff of Bombay is good service; (ii) service on S.S. Kadam, 'Manager', at the Naigaum Cross Road address is valid — the Applicant stopped using the premises after suspension of the Board during CIRP of Prince SWR System Pvt. Ltd but never communicated the non-use to the Plaintiff; where a defendant has multiple addresses, service at even one is valid; the same address was used in Bombay City Civil Court Summary Suit No.174/2022 and in the 56th Metropolitan Magistrate's court where the Applicant appeared through counsel; (iii) objections to the Bailiff's service (identity verification, dual signatures, non-employment of Kadam) rejected as bald allegations unsupported by evidence; no mala fides; (iv) the NCLT moratorium/order dated 16.04.2021 (IBC; CIRP of Prince SWR System Pvt. Ltd) binds only the corporate debtor, not the Director-Applicant; (v) the two conditions under Order XXXVII Rule 4 are cumulative — special circumstances plus facts entitling leave to defend; the second condition was not reached once service was upheld. Applications held a frivolous and vexatious abuse of process; costs of Rs. 1 lakh imposed on the Applicant, payable within three weeks. Impugned decretal sum: Rs.4,81,02,500 with interest @12% p.a. on principal of Rs.3,55,00,000 (1.4.2018–28.2.2021) and further simple interest till realization.
