Ramesh Rochiram Bhagia v. Late Chandra Motumal Balani

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 5th February, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

13. CHOL/ 102/2026 AMH20210050769C20250 ) ) ) Shri Vinay Khatri i/by Ritika Khatri, Advocate for the Applicant / Petitioner.

IN TP /3910/2023 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon (1) Roop M. Balani, brother of the deceased, (2) Shobha Tikam Balani, niece of the deceased (daughter of late Sister) and (3) Archana G. Ochaney, Sister of the deceased, by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, widely circulated in Mumbai and in newspaper viz. "West Windsor" in English language, widely circulated in New Jersey in USA and in newspaper viz. "Miami Herald" in English newspaper, widely circulated in Miami in USA.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation were sent for service could not be served and the same was returned unserved. It is further stated that, the Petitioner is not aware of the any other addresses and whereabouts of the legal heirs viz. (1) Roop M. Balani, (2)

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Shobha Tikam Balani and (3) Archana G. Ochaney. The Applicant, therefore, requested to permit him to publish the citation in "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, by way of substituted service upon Shobha Tikam Balani widely circulated in Mumbai and in newspaper viz. "West Windsor" in English language, upon Roop M. Balani widely circulated in New Jersey in USA and in newspaper viz. "Miami Herald" in English newspaper, upon Archana G. Ochaney widely circulated in Miami in USA.

4.

Heard. Ld. Advocate for the Applicant submits that, the citation were sent for service could not be served and the same was returned unserved. She further submits that, the Petitioner is not aware of the any other addresses and whereabouts of the legal heirs viz. (1) Roop M. Balani, (2) Shobha Tikam Balani and (3) Archana G. Ochaney. She further submits that, the affidavit of service of the bailiff dated 14th October 2025 is on record. She, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 9 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi, by way of substituted service upon Shobha Tikam Balani widely circulated in Mumbai and in newspaper viz. "West Windsor" in English language, upon Roop M. Balani widely circulated in New Jersey in USA and in newspaper viz. "Miami Herald" in English newspaper, upon Archana G. Ochaney widely circulated in Miami in USA of the deceased within six weeks from the date of uploading this Order. Applicant to file the affidavit

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of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 05.02.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk