Devang Harshad Dave v. Sanjay Dhawan

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th July, 2025 CALLED FOR DIRECTION:

5.CHOL/312/2025 AMH20230028774C202500001 In COMS/28/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Ravi Gurupag i/b. Mr. Yatin R. Shah, Advocate for the Applicants.

P. C. :

1. The present Chamber Order is taken out to serve the Writ of Summons upon (1) Geeta Thanai (Defendant No.5) and (2) Janakraj & Sons Construction LLP (Defendant No.6), by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Applicants are seeking permission to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi. 3.

Perused the Affidavit dated 7th November, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Writ of Summons sent for service through the Bailiff of Sheriff of Bombay could not be served and the Bailiff vide his report dated 1st April, 2024 reported that the premises of Defendant Nos.5 and 6 were found locked. It is further stated that the Plaintiffs do not have any other address of Defendant Nos.5 and 6 and despite efforts to trace the address of the said Defendants, the other Defendants are not cooperating in giving the new address of Defendant Nos.5 and 6. The Applicants therefore requested to permit them to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language ..2/-

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

and in "Navshakti" in vernacular language i.e. Marathi as per the Schedule annexed to the Chamber Order as and by way of substituted service upon (1) Geeta Thanai and (2) Janakraj & Sons Construction LLP.

4.

Heard. The Ld. Advocate for the Applicants submits that the Writ of Summons sent for service through the Bailiff of Sheriff of Bombay could not be served and the Bailiff vide his report dated 1st April, 2024 reported that the premises of Defendant Nos.5 and 6 were found locked. He further submits that the Plaintiffs do not have any other address of Defendant Nos.5 and 6 and despite efforts to trace the address of the said Defendants, the other Defendants are not cooperating in giving the new address of Defendant Nos.5 and 6. He therefore prays that the Chamber Order be allowed.

5.

For the reasons stated in Affidavit dated 7th November, 2024 annexed to the Chamber Order, the Chamber Order is allowed. The Applicants are directed to publish the Writ of Summons in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navshakti" in Marathi language, within four weeks as per the Schedule annexed to the Chamber Order, from the date of uploading the order.

6. 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 17.07.2025