Prashant Chandrakant Juvekar v. Chandrakant Mahadev Juvekar

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th April, 2025 CALLED FOR DIRECTION:

Miss. Mahalakshmi Dakshinamurthy i/b. Mr. Bhavesh V. Magam, Advocate for the Applicant / Petitioner. 1.CHOL/133/2025 AMH20240127705C202500002 In TP/2015/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Mahesh Chandrakant Juvekar (Son 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 two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 14th February, 2025 and Additional Affidavit dated 02nd April, 2025 annexed to Chamber Order. It is stated in the said Additional Affidavit that the Citation was sent for service upon the said Mr. Mahesh Chandrakant Juvekar (Son of the deceased), through the Sheriff of Bombay at his last known address but the same was returned with a remark "Left". It is further stated that the Applicant and Mr. Mahesh Chandrakant Juvekar are the brothers and were residing in the same building. The Applicant has further stated that Mr. Mahesh Chandrakant Juvekar "Left" the premises with effect from October, 2023 and some of his belongings are still laying in the room and the same is found locked. It is further stated that the Applicant has tried to call him personally but he is not receiviong the calls and the Applicant has also made enquiry about him with relatives and friends but they could not get his current address where he has been staying. The Applicant has further stated ..2/-

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that the whereabouts of Mr. Mahesh Chandrakant Juvekar is not known to the Applicant / Petitioner. The Applicant therefore requested to permit him to publish the Citation upon Mahesh Chandrakant Juvekar (Son of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

4.

Perused Para-7 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 Citation was sent for service upon the said Mr. Mahesh Chandrakant Juvekar (Son of the deceased), through the Sheriff of Bombay at his last known address but the same was returned with a remark "Left". He further submits that the Applicant has tried to search for the present address of the said legal heir of the deceased with relatives and friends but they could not get his current address where he has been staying. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 14th February, 2025 annexed to the Chamber order and averment made in Para-7 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, 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 04.04.2025