Interim Order 1

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 9
IN
L.E. & C. SUIT NO. 33 OF 2026
(CNR No. :- MHSCA3-000397-2026)
Earth Worth Constructions Private Limited … Plaintiff.
V/S
1. Navayuga Engineering Company Ltd. and Ors. … Defendants.
Smt. Priti Ramani, Ld. Advocate for the Plaintiff.
Coram : Mr. N. R. Gajbhiye, Judge
Court Room No. 33 (B.B.)
Date : 7th October, 2026.
ORDER
The plaintiff has filed an application for service of
summons to defendant No. 1 by speed post and defendant No. 2 by
pasting at the address of the suit premises.
2. It is contended by the plaintiff that, defendant No. 1 is
the private limited company and defendant No. 2 is the designated
Officer. As per the Bailiff report (Exh. 7), defendant No. 2 does not
stay in the suit premises.
3. Perused the application and heard the Ld. Advocates for
plaintiff. On perusal of Bailiff report (Exh. 7) dated 06/08/2026
disclosed that, defendant No. 2 was not found. After making enquiry
with Mr. Ajay Nawandar informed that there is no such person by
name of defendant No. 2 in the suit premises. He do not have any
/home/steno33/1.Judge - N. H. Gajbhiye/Orders/10. October, 2026/07-10-2026/EXH-9 LEC 33 of 2026.odt
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information about defendant No. 2. Therefore, the summons could
not be served upon him.
4. Defendant No. 2 is not the Director of the defendant No.
1 company as per the contents of the plaint. But, he is the designated
Officer was working there. In such situation, the plaintiff needs to
serve the summons to defendant No. 2. Defendant No. 2 is not found
in the suit premises as informed by Mr. Ajay Nawandar that no such
person by name of defendant No. 2 in the suit premises. Therefore,
the plaintiff is directed to take necessary steps to serve the summons
to defendant No. 2 personally.
5. But, so far as service of summons report (Exh. 7),
defendant No. 1 is the company. Defendant No. 3 has accepted the
copy of the plaint for defendant No. 1 company. But, defendant No. 3
appeared in his personal capacity and not on behalf of defendant No.
1. Therefore, it is a fit case to serve the summons to defendant No. 1
by way of speed post. Hence, I proceed to pass the following order:-
: ORDER :
1. The application is partly allowed.
2. Summons be served to defendant No. 1 by way of
speed post.
3. Re-issue suit summons to defendant No. 2.
(Dictated and pronounced in open Court.)
(N. R. Gajbhiye)
Date : 07/10/2026 Judge, C. R. No.33(B.B.)
Order dictated on computer on : 07/10/2026.
Order checked and signed on : 07/10/2026.
/home/steno33/1.Judge - N. H. Gajbhiye/Orders/10. October, 2026/07-10-2026/EXH-9 LEC 33 of 2026.odt
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