Tinku Barun Kumar Bhattacharya v. Barun Kumar Bhattacharya (Deceased) And ANR.

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th January, 2025 CALLED FOR DIRECTION:

1.CHOL/573/2024 Mr. Somnath Iyer, Advocate for Applicant/Petitioner. P. C. :

The present Chamber Order is taken out to serve the Citation upon Smt. Tandra Bhattacharya, Respondent herein 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 "Navbharat Times" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 4th November, 2024 annexed to Chamber Order.

It is stated in the said Affidavit that the deceased died intestate leaving behind him his wife Smt. Tinku Barun Kumar Bhattacharya and two daughters (1) Tanushree Bhattacharya and (2) Priya Bhattacharya.

The Applicant has further stated that she applied to the Central Railway for the settlement of dues of the deceased, but the Central Railway vide letter dated 10th June 2022 to obtain Succession Certificate, as the name of one Smt. Tandra Bhattacharya, is recorded in the pass and PTO declaration in the records of the Central Railway. It is further stated that the Citation was sent for Contd.. ..2/- 1.CHOL/573/2024

service upon Smt. Tandra Bhattacharya at her address through the Bailiff of Sheriff of Bombay but the same was returned with a remark "Item returned addressee left without instructions". The Bailiff's Affidavit of Service dated 1st October, 2024 is annexed to the Affidavit in Support. The Applicant therefore requested to permit her to serve the Citation upon Smt. Tandra Bhattacharya by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat Times" in vernacular language i.e. Hindi.

4.

Perused Para-9 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit.

5.

Heard. The Ld. Advocate for the Applicant submits that the deceased died intestate leaving behind him his wife Smt. Tinku Barun Kumar Bhattacharya and two daughters (1) Tanushree Bhattacharya and (2) Priya Bhattacharya. He further submits that the name of one Smt. Tandra Bhattacharya, is recorded in the pass and PTO declaration of the deceased in the records of the Central Railway. He further submits that the Citation was sent for service upon Smt. Tandra Bhattacharya at her address through the Bailiff of Sheriff of Bombay but the same was returned with a remark "Item returned addressee left without instructions" and the Bailiff's had filed an Affidavit of Service dated 1st October, 2024. He therefore prays that the Chamber Order be allowed.

Contd.. ..3/- 6.

For the reasons stated in Affidavit dated 4th November 2024 annexed to the Chamber order and averment made in Para-9 of the Petition, the Chamber Order is granted and signed separately. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat Times" in Hindi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

1.CHOL/573/2024

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 14 .01.2025