Shekhar Gajanan Potdar v. Gajanan Balkrishna Potdar

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd April, 2024 CALLED FOR DIRECTION:

4. CHOL/123/2024 (ECHCBM02062102024) IN TP/4566/2022 Mr. Prabhu Velar, Adv. Ashwin Ankhad & Associates for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Deepak Gajanan Potdar, son 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 22nd February 2024 annexed to Chamber Order.

In Para-4 of the said Affidavit, it is stated that the citation sent to Deepak Gajanan Potdar son of the deceased, through the Office of Sheriff of Mumbai. It is further stated that the citation sent through the Office of Sheriff of Mumbai could not be served, as the Postal Authorities returned the envelope with the remark "

unclaimed".

4.

In Para 6, the petitioner has sought permission to serve citation upon aforesaid son of the deceased by way of substitute service by publication of citation in local

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) newspapers one in "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

5.

Perused the Petition. It is mentioned and confirmed that the averment made in the Affidavit in respect of the next of kin of the deceased which is not claimed by the son of the deceased.

6.

Hence, for the reasons stated in Affidavit dated 22nd February 2024 annexed to the Chamber order and averment made in the Petition, the present Chamber Order is granted, and the same is signed separately.

7.

Publication of Citation to be done one in English newspaper in "Free Press Journal"

and one in "Navshakti" in Marathi newspaper in vernacular language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 02.04.2024