Chirag Jatin Shah v. Ella Nautam Udani

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th February, 2025 CALLED FOR DIRECTION:

2.CHOL/80/2025 AMH20210053261C202500008 In TP/2642/2024 Ms. Seema Hunnurkar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Illa Kamdar and (2) Pratima Shah (Married Sisters-in-law 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 three newspapers viz. "Daily Southtown" in English language, widely circulated new paper in Chicago, USA, "Anaheim Bulletin" in English language, widely circulated new paper in Los Angeles, USA and in "Divya Bhaskar" in vernacular language i.e. Gujarati widely circulated in Mumbai and in the State of Maharashtra.

3.

Perused the Affidavit dated 1st February, 2025. annexed to Chamber Order. It is stated in the said Affidavit that the Citations sent for service upon (1) Illa Kamdar and (2) Pratima Shah (Married Sisters-in-law of the deceased) at their respective addresses mentioned in the aforesaid matter in the USA but the packets were returned by the postal authority with the remarks "Received Receptacle from Abroad" and the Applicant / Petitioner has filed an affidavit dated 18.09.2024, by the ..2/-

: 2 :

bailiff of the Sheriff of Bombay, in respect of the same. The said copy of Affidavit of Bailiff annexed at Exhibit "A" to the Affidavit in Support of Chamber Order. It is further stated that they are not contact with the Applicant / Petitioner and had made inquiries with friends, relatives, and neighbors, but he could not locate their complete addresses or new addresses in the USA. The Applicant therefore requested to permit him to publish the Citation upon (1) Illa Kamdar and (2) Pratima Shah (Married Sisters-in-law of the deceased) by way of substituted service by publishing in three newspapers viz. "Daily Southtown" in English language, widely circulated new paper in Chicago, USA, "Anaheim Bulletin" in English language, widely circulated new paper in Los Angeles, USA and in "Divya Bhaskar" in vernacular language i.e. Gujarati widely circulated in Mumbai and in the State of Maharashtra.

4.

Perused Para-8 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 submits that the Citations sent for service upon (1) Illa Kamdar and (2) Pratima Shah (Married Sisters-in-law of the deceased) at their respective addresses mentioned in the aforesaid matter in the USA but the packets were returned by the postal authority with the remarks "Received Receptacle from Abroad" and the Applicant / Petitioner has filed an affidavit dated 18.09.2024, by the bailiff of the Sheriff of Bombay, in respect of the same. He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 1st February, 2025 annexed to the Chamber order and averment made in Para-8 of the Petition, the Chamber ..3/-

: 3 :

Order is allowed. The Applicant is directed to publish the Citation in three newspapers viz. "Daily Southtown" in English language, widely circulated new paper in Chicago, USA, "Anaheim Bulletin" in English language, widely circulated new paper in Los Angeles, USA and in "Divya Bhaskar" in vernacular language i.e. Gujarati widely circulated in Mumbai and in the State of Maharashtra, within six 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 18.02.2025