Jagruti Rajesh Shah (Dead) Through Lrs vs. Mahek Developers

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR SH. S.P.S. LALER

Petition(s) for Special Leave to Appeal (C) No(s). 8515/2022 JAGRUTI RAJESH SHAH & ANR. Petitioner(s)

VERSUS

M/S MAHEK DEVELOPERS & ORS.

Date: 01-09-2022 This petition was called on for hearing today.

For Petitioner(s)

Mr. Kunal Cheema, AOR Ms. Aditi Deshpande Parkhi, Adv.

For Respondent(s)

Ms. Deeplaxmi Subhash Matwankar, AOR Mr. Ajay Pachauri, Adv.

Mr. Aviral Kashyap, AOR

Mr. Arpit Rai, Adv.

Mr. Sameer Brehmbatt, Adv.

UPON hearing the counsel through Video Conference, the Court made the following O R D E R

Despite due service, none appears on behalf of respondent nos. $1$ and $3$ .

Counter affidavit has already been filed on behalf of respondent nos. 4 to 31.

It is submitted by learned counsel for respondent nos. 4 and 5 that application for substituted service has been filed by learned making the petitioner in respect of respondent no. 2. However, the 16:11 IST said respondent is not appearing even before the City Civil Court or even before the High Court. That respondent no. 2 is partner of

REGISTRAR COURT. 2 ITEM NO.48

Respondent(s)

SECTION IX

respondent no. 1 (Firm) and that respondent no. 1 has been duly served, thus, respondent no. 2 is well aware of the proceedings before the Courts below as well as before this Court. It is submitted that serving the said respondent would not serve any purpose.

However, learned counsel for petitioner submits that as orders for service by way of substituted service has also been allowed by the City Civil Court, hence the application of petitioner for service by way of publication be allowed.

Accordingly, IA No. 119737 of 2022 is allowed so that substituted service be effected upon said respondent no. 2 and the case may proceeded further.

Paper publication be effected and proof of publication be filed.

List again on 30.09.2022.

S.P.S. LALER Registrar