Homai Rashid Irani v. Banoo Daran Mehta

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 01st April, 2025 CALLED FOR DIRECTION:

2.CHOL/151/2025 AMH20240129373C202500001 In TP/2710/2024 Ms. Raajkunwar Jaywant Kushe, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Nergish Adi Wadia (Daughter of the deceased) and (2) Jimmy Daran Mehta (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. (i) "The AGE" in English Language Victoria in Australia upon Nergish Adi Wadia Daughter of the Deceased and (ii) "The New Straits Times" in English Language in Malaysia upon Jimmy Daran Mehta Son of the Deceased. 3.

Perused the Affidavit dated 12th February, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Applicant / Petitioner is not in touch with (1) Nergish Adi Wadia (Daughter of the deceased) and (2) Jimmy Daran Mehta (Son of the deceased) since last 30 years and not aware of their present residential address and she is not aware of their present residential address. She, therefore contacted friends and relatives and made enquiry but could find after due and diligent efforts. It is further stated that the Applicant is unable to trace out the whereabouts / present /address / ..2/-

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communication details of the said legal heirs. The Applicant therefore prayed to permit her to publish the Citation upon (1) Nergish Adi Wadia (Daughter of the deceased) and (2) Jimmy Daran Mehta (Son of the deceased) by way of substituted service by publishing in two newspapers viz. (i) "The AGE" in English Language Victoria in Australia upon Nergish Adi Wadia Daughter of the Deceased and (ii) "The New Straits Times" in English Language in Malaysia upon Jimmy Daran Mehta Son of the Deceased.

4.

Perused Para-9 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 Applicant / Petitioner is not in touch with (1) Nergish Adi Wadia (Daughter of the deceased) and (2) Jimmy Daran Mehta (Son of the deceased) since last 30 years and not aware of their present residential address and she is not aware of their present residential address and she had contacted friends and relatives and made enquiry but could find after due and diligent efforts. She further submits that the Applicant is unable to trace out the whereabouts / present address / communication details of the said legal heirs. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 12th February, 2025 annexed to the Chamber order and averment made in Para-9 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (i) "The AGE" in English Language ..3/-

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Victoria in Australia upon Nergish Adi Wadia Daughter of the Deceased and (ii) "The New Straits Times" in English Language in Malaysia upon Jimmy Daran Mehta Son of the Deceased, within four 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 01.04.2025