Bombay High CourtCHOL/124/2019disposed off

Ashok Chamanlal Grover And Dilip Chamanlal Grover v. Prakashwati Chamanlal Grover (Deceased)

2019-02-11Addl.Registrar(Os)/Addl. Protho. And Sr. Master2 pages

Before: Shri K.K. Trivedi, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 11th February, 2019.

CALLED OUT FOR HEARING &FINAL DISPOSAL :

6. CHOL/124/2019 TP/273/2017 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Dinesh Shah i/b Lilani Shah &Co., Advocate for Applicant.

P.C.:

The present Chamber Order has been filed by the Applicant for effecting Substituted Service upon granddaughter of the deceased in view of the fact that the granddaughter of the deceased was required to be served since earlier unserved packets are returned. I perused the Affidavit of Service. I have seen that even after three attempts, Dr. Rakhi Tapan Mehra could not be served on the addresses mentioned on the packets.

The Instant Chamber Order seeks publication in the newspaper and service by way of substituted service upon her. I perused schedule, which describes the last known address of of the Dr. Rakhi Tapan Mehra. The substituted service has to be effected through publication of Citation in the newspaper one in English language and one in vernacular. Deceased died in Mumbai and his mother tongue was Hindi. Applicant therefore states that newspaper in English namely "Free Press Journal" and newspaper in vernacular namely "Hamara Mahanagar" are selected by them for publishing the Citation. Both the aforesaid newspapers have wider circulation in Mumbai. The Chamber Order is accordingly granted, publication to be done within six weeks from today.

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6. CHOL/124/2019 TP/273/2017 /2/ Before: Shri K.K. Trivedi, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 11th February, 2019.

The Ld. Advocate for Applicant undertakes to file Affidavit, annexing therewith newspaper, within two weeks thereafter. Undertaking is accepted. Chamber order is accordingly disposed of and signed separately, except bracketed portion.

) ) ) ) ) 11/02/2019 Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master