Ramesh Purshottam Bhatia v. Latesh Kumar Hiranand Gajria

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th March, 2025 CALLED FOR DIRECTION:

Ms. Swati S. Mathkar i/b. Mr. Shirish P. Mathkar, Advocate for the Applicant / Petitioner.

5. CHOL/93/2025 AMH20240131949C202500005 In TP/2504/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Airi Ishikawa Daughter of the deceased viz. Latesh Kumar Hiranand Gajaria 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. "Japan Today" English News paper, circulated in Tokyo, Japan and in "Kyodo News", Japanese News paper, circulated in Tokyo, Japan. 3.

Perused the Affidavit dated 11th February, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the above named daughter of the deceased had filed Caveat and the same was rejected by the Hon'ble Court for non-removal of office objections. It is further stated that the whereabouts of the Daughter of the deceased is not known to the Applicant and the Applicant had taken all steps to find out the whereabouts of the said daughter of the deceased but her whereabouts could not be traced. The Applicant has stated in the said Affidavit in Support that widow and son of the deceased, who are residing at Japan and the said Airi Ishikawa was lastly residing at Japan but the details of her residence is not known. The Applicant therefore requested to permit him to publish the Citation upon Airi Ishikawa, (Daughter of the deceased) by way of substituted service by publishing in two newspapers viz. "Japan Today" ..2/-

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

English News paper, circulated in Tokyo, Japan and in "Kyodo News", Japanese News paper, circulated in Tokyo, Japan. 4.

Perused Para-4 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 Airi Ishikawa, daughter of the deceased had filed Caveat and the same was rejected by the Hon'ble Court for non-removal of office objections. She further submits that the whereabouts of the said Daughter of the deceased is not known to the Applicant and the Applicant had taken all steps to find out the whereabouts of the said daughter of the deceased but her whereabouts could not be traced. She further submits that the widow and son of the deceased, who are residing at Japan and the said Airi Ishikawa was lastly residing at Japan but the details of her residence is not known. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 11th February, 2025 annexed to the Chamber order and averment made in Para-4 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. "Japan Today" English News paper, circulated in Tokyo, Japan and in "Kyodo News", Japanese News paper, circulated in Tokyo, Japan, 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. 11.03.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master