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Bombay High CourtCHOL/333/2025disposed off

Ved Saraogi Of Mumbai And New Delhi v. Zulekha Usman Gani Moosa Patrawala And ORS

2025-07-29E.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 : 29th July, 2025 CALLED FOR DIRECTION:

8.CHOL/333/2025 In S/347/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Pratibha Mehta, Advocate for the Applicant / Plaintiff.

P. C. :

1. The present Chamber Order is taken out to serve the Writ of Summons upon (1) Zulekha Usman Gani Moosa Patrawala (Defendant No.1), (2) Mehfuza Bilal Patrawala (Defendant No.2[a]), (3) Siddiqi Bilal Patrawala (Defendant No.2[b]), (4) Faroque Bilal Patrawala (Defendant No.2[c]), (5) Ayyub Bilal Patrawala (Defendant No.2[d]), (6) Mohammed Husain Moosa Patrawala (Defendant No.7), (7) Mohammed Ayaz Haji Patrawalla (Defendant No.9) and (8) Mumtaz Kauser Patrawala (Defendant No.10) by way of substituted service viz. publication and pasting of the extract of the Writ of Summons on the last known address, as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Writ of Summons in two newspapers viz. "Free Press Journal" in English Language and in "Inquilab" in vernacular language i.e. Urdu. 3.

Perused the Affidavit dated 27th June, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Writ of Summons sent for service upon ..2/-

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

the above named defendants have been returned back with a postal remark "Left", "Refused" and "Expired". The Bailiff of Sheriff of Bombay has filed an Affidavit of Service dated 22nd November, 2024 and the same is at the Exhibit "A" to the Chamber Order. The Applicant therefore requested to permit him to publish the Writ of Summons by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Inquilab" in vernacular language i.e. Urdu and also to paste at the last known address of the above named Defendants.

4.

Heard. The Ld. Advocate for the Applicant submits that the Writ of Summons sent for service upon the above named defendants have been returned back with a postal remark "Left", "Refused" and "Expired" and the Bailiff of Sheriff of Bombay has filed an Affidavit of Service dated 22nd November, 2024. She therefore prays that the Chamber Order be allowed.

5.

For the reasons stated in Affidavit dated 27th June, 2025 annexed to the Chamber Order, the present Chamber order is granted, and the same is signed separately. Pasting and Publication of Writ of Summons to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Inquilab" in Urdu language, within three weeks from the date of uploading the order.

6. Applicant to file Affidavit Service within two weeks thereafter.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 29.07.2025