Leisl Sudhir Todankar v. Late Frederick Nanfer Henriques

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

11.CHOL/ 590/2025 AMH20230044884C202500013 ) ) ) Ms. Kiran Vyas i/by Swatee Yadav, Advocate for the Applicant / Petitioner IN TP/5476/2024 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Mr. Haenael Henriues, Son of the deceased by way of substituted service as per schedule annexed to the Chamber Order.

2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Active Times" in English Language and in "Lakshdeep" in vernacular language i.e. Marathi, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit in support that, the citation sent for service through the Sheriff of Bombay could not be served and the bailiff has filed a report dated 8th May, 2025. It is further stated that, the Applicant is not aware of the present whereabouts of Mr. Haenael Henriues, Son of the deceased. The Applicant therefore, requested to permit him to publish the citation in two newspapers viz. "Active Times" in English Language and in "Lakshdeep" in vernacular language i.e. Marathi, widely circulated in Mumbai.

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4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service through the Sheriff of Bombay could not be served and the bailiff has filed a report dated 8th May, 2025. She further submits that, the Applicant is not aware of the present whereabouts of Mr. Haenael Henriues, Son of the deceased. She, therefore, prays that the Chamber Order be allowed. 5.

Perused para 6 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Active Times" in English Language and in "Lakshdeep" in vernacular language i.e. Marathi widely circulated in Mumbai, by way of substituted service of citation upon Mr. Haenael Henriues, son of the deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 17.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk