Shivdas Chandran Nair And 2 ORS v. State Of Maharashtra Through Its Principal Secretary

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd April, 2025 CALLED FOR DIRECTION:

5.CHOL/197/2025 In S/413/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ameya Khot i/b. M/s. Legal Vision, Advocate for the Applicants / Plaintiffs.

P. C. :

1. The present Chamber Order is taken out to serve the Writ of Summons upon Jashodaben Kantilal Patel (Defendant No.5) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Plaintiffs are seeking permission to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and in "Divya Bhaskar" in vernacular language i.e. Gujarati and by way of pasting at the last known address of Defendant No.5.

3.

Perused the Affidavit dated 15th February, 2025 annexed to Chamber Order. It is stated in the Affidavit that the Writ of Summons was sent for service upon Jashodaben Kantilal Patel (Defendant No.5) at her last known address through the Sheriff of Bombay and it is reported by the Bailiff that the said Defendant No.5 had expired few years back. The Applicants / Plaintiffs have further stated that no proof of death of the said Defendant No.5 was provided to the Bailiff by the occupant therein. The Applicants have sought leave to serve the Writ of Summons upon the Defendant No. 5 by way of substituted service of newspapers publication as per the Schedule annexed to the Chamber Order.

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4.

For the reasons stated in Affidavit dated 15th February, 2025 annexed to the Chamber Order, the present Chamber Order is granted, and the same is signed separately. Publication of Writ of Summons to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Divya Bhaskar" in Gujarati language and the Plaintiffs are permitted to affix the Writ of Summons at conspicuous place of the last known address of Defendant No.5, within two weeks from the date of uploading the order.

5. 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 22.04.2025