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Bombay High CourtCHOL/166/2024disposed off

Namrata Haresh Daswani v. Devikishan Lalchand Gajaria

2024-04-18E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 18 th April, 2024.

FOR DIRECTION :

2.CHOL/166/2024 Mr. Raveen Palekar, Advocate for the Applicant / Petitioner.

In TP/518/2023 P.C. : 1.

The present Chamber Order is taken out to serve the Citation upon Mr. Pankaj Devikishan Gajaria (Son of the deceased) by way 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 "Gujarat Samachar" in vernacular language i.e. Gujarati.

th 3.

Perused the Affidavit dated 12 March, 2024 annexed to Chamber Order. In Para-6 of the said Affidavit, it is stated that the address of the legal heir Mr. Pankaj Devikishan Gajaria (Son of the deceased) is not known to the Petitioner. The Petitioner ..2/-

: 2 :

has further stated that she came to know the last known address of the Mr. Pankaj Devikishan Gajaria (Son of the deceased) from the Aadhar Card. The Affidavit of th January, 2024 is on Service dated 29 record. It is averred in the Affidavit of Service that the Citation sent to Mr. Pankaj Devikishan Gajaria (Son of the deceased) was returned by the Postal Authority with a remark "Left".

4.

Perused Para-4 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.

Hence, for the reasons stated in Affidavit dated 12th March, 2024 annexed to the Chamber order and averment made in Para-4 of the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done one in English newspaper in "Free Press ..3/-

: 3 :

Journal" and one in "Gujarat Samachar" in Gujarati newspaper vernacular language, within four weeks' from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7.

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

Addl. Registrar (O.S.)/ 18.04.2024 Addl. Prothonotary and Senior Master