Rohan Narendra Kalgutkar v. Uday Ramnath Kalgutkar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th January, 2025 CALLED FOR DIRECTION:

6.CHOL/24/2025 AMH20210051990C202400027 In TP/3326/2024 Ms. Yogini D. Gada, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Sharvari Gaurav Deshpande (Niece of the Deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 16th November, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent to the service upon Sharvari Gaurav Deshpande (Niece of the Deceased) at her last known address through the Bailiff and the same was returned with a Postal remark "Left". The Affidavit of Service dated 21st November, 2024 filed by the Bailiff of Sheriff of Bombay is annexed to the Affidavit in Support. It is further stated that the Applicant do not know whereabouts of Sharvari Gaurav Deshpande (Niece of the deceased). The Applicant has therefore requested to permit him to publish the ..2/-

: 2 :

Citation upon Sharvari Gaurav Deshpande (Niece of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-4 (amendment) of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner.

5.

Heard. The Ld. Advocate for the Applicant submits that the Citation sent to the service upon Sharvari Gaurav Deshpande (Niece of the Deceased) at her last known address through the Bailiff and the same was returned with a Postal remark "Left". She further submits that the Applicant do not know whereabouts of Sharvari Gaurav Deshpande (Niece of the deceased). She further prays that the Applicant be permitted to publish the Citation upon Sharvari Gaurav Deshpande (Niece of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 16th November, 2024 annexed to the Chamber Order and averment made in Para-4 (amendment) of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. ..3/-

: 3 :

(1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, within four weeks from the date of uploading the order.

Office is directed to issue fresh Citation, if required.

7. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 16.01.2025