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Bombay High CourtCHOL/187/2025disposed off

Kanan Rupesh Shah v. Saroj Dinkarrai Vasa (Deceased)

2025-05-06E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th May, 2025 CALLED FOR DIRECTION:

2.CHOL/187/2025 AMH20240131563C202500004 In TP/679/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vinay Shingada, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Ketan Dinkarrai Vasa (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 a newspaper viz. "Muscat Daily" at Muscat in English Language. 3.

Perused the Affidavit dated 14th November, 2024 and the Additional Affidavit dated 29th April, 2025 annexed to Chamber Order. It is stated in the said Additional Affidavit that Ketan Dinkarrai Vasa (Son of the deceased) is currently residing out side of India but his last known address was in Muscat but despite diligent efforts have been made by the Applicant his current residential address could be traced out. It is further stated that the husband of the Applicant had made attempts to reach out telephonically but he could not find out and he had also send Whatsapp message and there is no reply to the said Whatsapp message. The Applicant therefore requested to permit her to publish the Citation upon Ketan Dinkarrai Vasa (Son of the deceased) by way of substituted service by publishing Citation in a newspaper viz. "Muscat Daily" at Muscat in English Language ..2/-

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

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 Ketan Dinkarrai Vasa (Son of the deceased) is currently residing out side of India but his last known address was in Muscat but despite diligent efforts have been made by the Applicant his current residential address could be traced out. He further submits that the husband of the Applicant had made attempts to reach out telephonically but he could not find out and he had also send Whatsapp message and there is no reply to the said Whatsapp message. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 14th November, 2024 and the Additional Affidavit dated 29th April, 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 a newspaper viz. "Muscat Daily" at Muscat in English 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 06.05.2025