Rita Shabbir Bagasrawala v. Sushila Girdharilal Jumani-Deceased

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 9th October, 2025 CALLED FOR DIRECTION:

3.CHOL/ 421/2025 ECGBM02055552024 ) ) ) ) Shri Rajesh Maravoor i/by Maravoor Wamorkar & Co., Advocate for the Applicant / Petitioner IN TP/1138/2020 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Bharati M. Shroff, (wife of late Manoharlal K. Shroff, nephew of the deceased), (2) Sunil Shroff, (son of late Manoharlal K. Shroff, nephew of the deceased), (3) Yogit Shroff, (son of Late Shyam alias Sham K. Shroff, son of late Manoharlal K. Shroff, nephew of the deceased), (4) Kanchan Shroff, (daughter of late Manoharlal K. Shroff, nephew of the deceased) and (5) Manoo Daulatram Ahuja, (nephew of the deceased) who expired and his legal heirs whereabouts are not known, by way of substituted service as per schedule annexed to the Chamber Order. 2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat" in vernacular language i.e. Hindi.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit in support that, the deceased died as spinster and parents and the grandparents predeceased the deceased. It is

: 2 :

further stated that, Late Manoharlal K. Shroff, nephew of the deceased expired living behind his legal heirs viz. (1) Bharati M. Shroff, wife, (2) Sunil Shroff, son, (3) Yogit Shroff, grandson, (4) Kanchan Shroff, daughter. It is further stated that, the Applicant is not aware of the legal heirs of Mr. Manoo Daultram Ahuja. It is further stated that, even after a diligence search the addresses and whereabouts of the abovenamed legal heirs could not be found. The Applicant therefore, requested to permit him to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat" in vernacular language i.e. Hindi. 4.

Heard. Ld. Advocate for the Applicant submits that, the the deceased died as spinster and parents and the grandparents predeceased the deceased. He further submits that, Late Manoharlal K. Shroff, nephew of the deceased expired living behind his legal heirs viz. (1) Bharati M. Shroff, wife, (2) Sunil Shroff, son, (3) Yogit Shroff, grandson, (4) Kanchan Shroff, daughter. Ld. Advocate further submits that, the Applicant is not aware of the legal heirs of Mr. Manoo Daultram Ahuja and that, even after a diligence search the addresses and whereabouts of the abovenamed legal heirs could not be served. He, therefore, prays that the Chamber Order be allowed.

5.

Perused para 8 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat" in vernacular language i.e. Hindi widely circulated in Mumbai, by way of substituted service upon (1) Bharati M. Shroff, (2) Sunil Shroff, (3) Yogit Shroff, (4) Kanchan Shroff and (5) legal heirs of Mr. Manoo

: 3 :

Daultram Ahuja, within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 09.10.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk