Gajraj Shivkumar Gupta v. Rajaram Sarju Gupta Deceased
msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2025 CALLED FOR DIRECTION:
2.CHOL/345/2025 AMH20240127386C202500008 In TP/5280/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Namita Shirke, Advocate for the Applicant / Petitioner.
P. C. :
1. The present Chamber Order is taken out to serve the Citation upon Shivkumar Rajaram Gupta (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 two newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi. 3.
Perused the Affidavit dated 25th March, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Citation could not be served upon Shivkumar Rajaram Gupta (Son of the deceased) on the address mentioned in the Aadhar Card and the same was returned by the Postal Authorities. The Applicant therefore requested to permit him to publish the Citation upon Shivkumar Rajaram Gupta (Son of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi. 4.
Perused Para-9 of the Petition, it is mentioned and ..2/-
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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 could not be served upon Shivkumar Rajaram Gupta (Son of the deceased) on the address mentioned in the Aadhar Card and the same was returned by the Postal Authorities. She further submits that the Bailiff of Sheriff of Bombay had filed an Affidavit of Service dated 12th March, 2025 stating therein that the packet sent to Shivkumar Rajaram Gupta is returned with remark "Addressee absent. Int. Post IInd dated 14.01.2025 unclaimed". She therefore prays that the Chamber Order be allowed.
6.
For the reasons stated in Affidavit dated 25th March, 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 two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat" in Hindi language, 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 31.07.2025