Paras Dushyant Shah v. Hasumati Kantilal Shah (Deceased)

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

2.CHOL/282/2025 AMH20240130853C202500008 In TP/5527/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mahavir Deshlahra i/b. MD Legal LLP, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon (1) Jayman Kantilal Shah and (2) Bhavesh Kantilal Shah (Sons 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 "Western Times" in vernacular language i.e. Gujarati to be published in Gujarat and also in "Navshakti" in vernacular language i.e. Marathi to be published in Mumbai.

3.

Perused the Affidavit dated 26th April, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent on their last known address has returned "undelivered". It is further stated that the Applicant is not aware present address of the sons of the deceased and he had carried a diligent search, but he could not be found, and their present whereabouts is not known. The Applicant therefore requested to permit him to publish the Citation upon (1) Jayman Kantilal Shah and (2) Bhavesh Kantilal Shah (Sons of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English language and in vernacular language ie. Marathi in Mumbai as well as in "Western Times" in ..2/-

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

vernacular language i.e. Gujarati to be published in Gujarat.

4.

Perused Para-8 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 sent on their last known address has returned "undelivered" and that the Applicant is not aware present address of the sons of the deceased and he had carried a diligent search, but he could not be found, and their present whereabouts is not known. The Ld Advocate further submits that the Applicant be permitted to publish the citation in "Western Times" in Gujarati language in Mumbai instead of "Navshakti" in Marathi, as the mother tongue of the deceased is Gujarati. He therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 26th April, 2025 annexed to the Chamber order and averment made in Para-8 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 language and (2) "Western Times" in vernacular language i.e. Gujarati to be published in Gujarat and Mumbai, 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 04.07.2025