Satin Bharat Asher v. Late Jayant Lal Chetnani

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th September, 2024 CALLED FOR DIRECTION:

1.CHOL/422/2024 In TP/587/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jacob Kadantot, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Mr. Hans Jayant Chetnani (Son of the deceased) and (2) Ms.

Neha Jayant Chetnani (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 two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 10th August, 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the deceased had taken divorced from Mrs. Jayashree Jayant Chetnani nee Poonam Asarpota and the deceased had one son and one daughter viz.

Mr. Hans Jayant Chetnani and Ms. Neha Jayant Chetnani. It is further stated that the Citation was transmitted to the Sheriff of Bombay but the same was returned with remarks "No such person". The Affidavit of Service filed by the Sheriff of Bombay is on record. It is further stated that the Petitioner is not aware of the alternate addresses and, ..2/-

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

therefore, requested for publication of citation by way of substituted service.

4.

Perused Para-11 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.

Heard. The Ld. Advocate for the Applicant / Petitioner submits that the Petitioner is not aware of the present whereabouts of the said son and daughter of the deceased and prays for permission to publish the Citation in the newspapers as and by way of substituted service. For the reasons stated in Affidavit dated 10th August, 2024 annexed to the Chamber order and averment made in Para-11 of the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi 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 26.09.2024