Nandlal Ambalal Gothi v. Saroj Nandlal Gothi

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd April, 2025 CALLED FOR DIRECTION:

2.CHOL/159/2025 AMH20230034032C202400001 In TP/3040/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prathamesh Ayare, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mona Gothi (Daughter 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 a newspaper in the United States of America viz. "USA Today" in English language.

3.

Perused the Affidavit dated 30th August, 2024 and Additional Affidavit dated 22nd January, 2025 annexed to Chamber Order. It is stated in the said Additional Affidavit that an attempt has been made to serve the citation upon Mona Gothi, daughter of the deceased residing at USA but the same could not be served for want of correct address. The Applicant has stated that he does not know the last known address of the said daughter of the deceased. The Applicant therefore requested to permit him to publish the Citation upon Mona Gothi (Daughter of the deceased) by way of substituted service by publishing in a newspaper in the United States of America viz. "USA Today" in English language.

4.

Perused Para-7 of the Petition, it is mentioned and ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

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 an attempt has been made to serve the citation upon Mona Gothi, daughter of the deceased residing at USA but the same could not be served for want of correct address. He further submits that the Applicant does not know the last known address of the said daughter of the deceased. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 30th August, 2024 and Additional Affidavit dated 22nd January, 2025 annexed to the Chamber order and averment made in Para7 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in a newspaper in the United States of America viz. "USA Today" in English 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 03.04.2025