Funds And Properties Of The Parsi Punchayet Bombay And 5 ORS v. Gautamdham Co-Operative Housing Society Ltd And 2 ORS

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th March, 2025 CALLED FOR DIRECTION:

3.CHOL/154/2025 Mr. Smith Colaco, Advocate i/b. Mulla & Mulla & CRAGIE Blunt & Caroe for Plaintiffs.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] IN S/393/2022 Ms. Seema Pandey, Advocate i/b. Smit Nagda for Defendant No. 1.

P. C. :

1. By this Chamber Order the Plaintiffs seek to serve the Writ of Summons and Interim Application upon Mr. Kaikhushroo F. Dubash, Defendant No. 2 and M/s.

Gautam Associates, Defendant No.3 by substituted service by publication in two newspapers viz. "Free Press Journal" in English language and "Navbharat" in "Hindi" language publish from Mumbai and also affixing at the conspicuous part of the address of the Defendant Nos. 2 & 3 and also at the notice board of the Hon'ble High Court, as per the schedule annexed to Chamber Order. Perused the Affidavit in support. The Plaintiffs had made an attempt to serve the Writ of Summons and upon the Defendant Nos.2 & 3 and through the Bailiff of Sheriff Bombay and the Affidavit of service of Bailiff dated 20.03.2024, at Exh. A to the Chamber Order.

2. Heard. the Ld. Advocate for the Plaintiffs submits that due to inadvertently

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the name of newspaper is written as "Navakal" in "Marathi" language instead of "Navbharat" in "Hindi" language. He, therefore, prays that the Plaintiff be permitted to publish the Writ of Summons and Interim Application in the newspapers as mentioned in the schedule annexed to the Chamber Order.

Contd.. ..2/- 3.CHOL/154/2025 [Original] IN S/393/2022

3. For the reasons mentioned in the affidavit in support, the Chamber Order is allowed. The Plaintiffs are directed to serve the Writ of Summons upon the Defendant Nos. 2 & 3 by way of substituted service as per the schedule annexed to the Chamber Order within four weeks from today through the Sheriff of Bombay.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 27.03.2025