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Bombay High CourtCHOL/507/2024disposed off

Ajit Lobo Ca To David Harish Mayadas v. John Anand Sarup Mayadas (Deceased)

2024-11-11E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th November, 2024 CALLED FOR DIRECTION:

1.CHOL/507/2024 In TP/4010/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sheetal Shah i/b. M/s. Mehta & Girdharlal, Advocate for the Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Notice upon (i) Mrs. Georgina Beryl Mayadas, Second wife of deceased and (ii) Mr. John Gordon Mayadas, Son of 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 Notice in the newspaper viz. "The Daily Telegraph" in English Language in Australia.

3.

Perused the Affidavit dated 22nd October 2024 annexed to Chamber Order. It is stated in the affidavit that the address mentioned are the last known address abovenamed legal heirs and the Petitioner believes that they do not reside at that address. The Applicant/ petitioner has sought permission to serve Notice upon abovenamed legal heirs of the deceased by way of substitute service by publication of Notice in the newspaper viz. "The Daily Telegraph" in English Language in Australia. 4.

Heard.

The ld. Advocate for the ..2/-

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

Applicant/Petition submits that the last known address of (i) Mrs. Georgina Beryl Mayadas, Second wife of deceased and (ii) Mr. John Gordon Mayadas, Son of deceased, is mentioned in the Petition, but they are not residing at the said address. She further submits that the Petitioner will publish the Notice in the newspaper viz. "The Daily Telegraph" in English Language in Australia, as and by way of substituted service.

5.

Perused the Petition. It is mentioned and confirmed in Para 4, that the averment made in the Affidavit in respect of the next of kin of the deceased, about the last known address. For the reasons stated in Affidavit dated 22nd October 2024 annexed to the Chamber order and averment made in the Petition, the present Chamber Order is granted, and the same is signed separately.

6.

Publication of Notice to be done in the newspaper viz. "The Daily Telegraph" in English Language in Australia, within four weeks from the date of uploading the order.

7. Petitioner to file Affidavit annexing therewith the newspaper within two weeks once the publication is done.

11.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master