Karan Mohan Dewan Through His Ca Ajit Jude Ireaneus Lobo v. Sooni Cawasji Patuck (Deceased)
msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th November, 2024 CALLED FOR DIRECTION:
2.CHOL/532/2024 In TP/4504/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sheetal Shah i/b. M/s. Mehta & Girdharlal, Advocate for the Applicant / Petitioner.
P. C. : 1. The present Chamber Order is taken out to serve the Notice upon Mrinalini Dewan, Niece 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. "USA Today" in English Language in United States of America.
3.
Perused the Affidavit dated 18th November 2024 annexed to Chamber Order. It is stated in the affidavit that the address mentioned are the last known address abovenamed legal heir and the Petitioner believes that she does not reside at that address. The Applicant/ petitioner has sought permission to serve Notice upon abovenamed legal heir of the deceased by way of substitute service by publication of Notice in the newspaper viz. "USA Today" in English Language in United States of America.
4.
Heard.
The Ld. Advocate for the Applicant/Petition submits that the last known address of Mrinalini Dewan, Niece of deceased, is ..2/-
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :
mentioned in the Petition, but she is not residing at the said address. She further submits that the Petitioner will publish the Notice in the newspaper viz. "USA Today" in English Language in United States of America, 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 18th November, 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. "USA Today" 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.
26.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master