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Bombay High CourtCHOL/193/2024disposed off

Paresh Chhabildas Shah v. Jayendra Chhabildas Shah And 5 ORS

2024-05-09E.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 th May, 2024.

Date : 9 FOR DIRECTION :

4. CHOL/193/2024 Ms. Ruddhi Bhalekar i/b. Purazar Fouzdar, Advocate for the Applicant / Plaintiff.

In S/330/2022 Ms. Ayushi Adhikari i/b. M/s. SSB Legal and Advisory, Advocate for the Defendant Nos. 1, 2 and 3.

P.C. :

1.

The present Chamber Order is taken out to serve the Writ of Summons upon the Defendant No.4 viz. Keyur Jayendra Shah, by way substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Plaintiff is seeking permission to publish the Writ of Summons in two newspapers viz.

"Free Press Journal" in English Language and "Janmabhoomi" in vernacular language i.e. Gujarati.

3.

Perused the Affidavit dated ..2/-

: 2 :

th May, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Plaintiff had tried to serve the Writ of Summons through the Bailiff upon the Defendant No.4 but the same was returned with a remark "Left". An th November, Affidavit of Service dated 9 2023 is on record. The Bailiff in his th August, 2023 stated Affidavit dated 24 that the Writ of Summons sent to serve upon the Defendant No.4 through registered Post A.D. has been returned by the Postal Authority with remark "Left". The Plaintiff therefore applies for permission to publish the Writ of Summons as and by of substituted service upon the Defendant No.4.

5.

For the reasons stated in Affidavit th May, 2024, the present dated 7 Chamber order is granted, and the same is signed separately.

6.

Applicant to publish the Writ of Summons in two newspapers viz. "Free ..3/-

: 3 :

Press Journal" in English language and one in "Janmabhoomi" in Gujarati newspaper vernacular language, within four weeks from the date of uploading the order.

Addl. Registrar (O.S.)/ 09.05.2024 Addl. Prothonotary and Senior Master