Sidtharth Kundanlal Maheshwari v. Premlata Sushilkumar Saboo

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th January, 2025 CALLED FOR DIRECTION:

5.CHOL/52/2025 AMH20230042690C202400041 In TP/1116/2017 Mr. Yash Sinha i/b. Mr. Tushar Goradia, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mrs. Meenal Rajan Sukhani (Daughter of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicant / Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi. 3.

Perused the Affidavit dated 14th January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Office of the Sheriff of Bombay had made an attempt to serve the Citation upon Mrs. Meenal Rajan Sukhani (Daughter of the deceased) on 9th December, 2019 and 17th January, 2019 but the same could not be served as she is not residing in the address mentioned in the Petition. It is further stated that the Citation was again sent for service through the Sheriff of Bombay at the new address of Mrs. Meenal ..2/-

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Rajan Sukhani (Daughter of the deceased) but the same was returned by the Postal Authorities with a remark "Insufficient address". The Applicant has further stated that the Bailiff of the Sheriff of Bombay has filed the Bailiff Report. The Applicant therefore requested to permit him to publish the Citation publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi by way of substituted service upon Mrs. Meenal Rajan Sukhani (Daughter of the deceased).

4.

Perused Para-9 of the Petition. It is mentioned and confirmed that the averment made in the Affidavit in respect of the last known address of the said legal heir of the deceased.

5.

Heard. The Ld. Advocate for the Applicant submits that the Office of the Sheriff of Bombay had made an attempt to serve the Citation upon Mrs. Meenal Rajan Sukhani (Daughter of the deceased) on 9th December, 2019 and 17th January, 2019 but the same could not be served as she is not residing in the address mentioned in the Petition. He further submits that the Citation was again sent for service through the Sheriff of Bombay at the new address of Mrs. Meenal Rajan Sukhani (Daughter of the deceased) but the same was returned by the Postal Authorities with a remark "Insufficient address" and the Bailiff of the Sheriff of Bombay has filed the ..3/-

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Bailiff Report to this Hon'ble Court. He therefore prays that the Chamber Order be allowed and the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat" in HIndi language. 6.

For the reasons stated in Affidavit dated 14th January, 2025 annexed to the Chamber order and averment made in Para-9 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat" in Hindi 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 30.01.2025