Bombay High CourtCHOL/82/2025disposed off

Yasmin Mohamed Yunus Valibhoy Also Known As Yasmin Bharat Thacker v. Sheetal Atulya Mafatlal

2025-02-27E.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 : 27th February, 2025 CALLED FOR DIRECTION:

2.CHOL/82/2025 In S/194/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nihal Rebello i/b. Mr. Shalabh Saxena, Advocate for the Applicant.

P. C. :

1. This Chamber Order is taken out by the Plaintiff for service of Writ of Summons upon Sheetal Atulya Mafatlal, the Defendant, by way of substituted service by publication in two newspapers viz. "Free Press Journal" in English language and in "Mumbai Samachar" in vernacular language i.e. Gujarati and also by affixing the copy of the Writ of Summons at the last known address of the Defendant, on the conspicuous part of the residence / office.

2. Perused the Affidavit in Support dated 14th January, 2025 and Additional Affidavit dated 25th February, 2025. It is stated in the Affidavit in Support and the Additional Affidavit that the Writ of Summons sent for service upon the Defendant has been returned by the Postal Authorities with a remark "Left". A copy of the Affidavit of Service dated 11th February, 2025 filed by the Bailiff of Sheriff of Bombay is on record.

3. Heard. The Ld. Advocate for the Applicant / Plaintiff submits that the Writ of Summons could not be served upon the Defendant. He, therefore, prays that the Plaintiff be permitted to serve the Writ of Summons upon the Defendant by way of substituted service by publication of the Writ of Summons in two newspapers viz. "Free Press Journal" in English language and in "Mumbai Samachar" in vernacular language i.e. Gujarati and also by affixing the copy of the ..2/-

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Writ of Summons at the last known address of the Defendant. Considering the averments made in Affidavit in Support and the Additional Affidavit in Support, the Plaintiff is permitted to serve the Writ of Summons by way of substituted service by publication in two newspapers viz. "Free Press Journal" in English language and in "Mumbai Samachar" in vernacular language i.e. Gujarati and also by affixing the copy of the Writ of Summons at the last known address of the Defendant, within four weeks from the date of uploading the order. The Chamber Order is allowed in the aforesaid terms. Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 27.02.2025