Jayesh Krishnalal Shah v. Vijaya Ratilal Shah

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 22nd December, 2025 CALLED FOR DIRECTION:

6. CHOL/ 664/2025 AMH20230011388C20250 ) ) ) Shri Prakash Sutar, Advocate for the Applicant / Petitioner.

IN TP /5435/2024 P.C.

By this Chamber Order the Applicant seeks permission to serve the Citation upon Mrs. Aruna Ashok Ambani, sister 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. "Times of India" in English language and in "Pudhari" in vernacular language i.e. Marathi widely circulated in Kolhapur and in the State of Maharashtra.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the citation sent for service upon Mrs. Aruna Ashok Ambani, through bailiff of Sheriff of Bombay was returned by the postal authorities with a remark "such person not residing at the address mentioned". The Applicant, therefore, requested to permit him to publish the citation by way of substituted service upon Mrs. Aruna Ashok Ambani legal heirs of the deceased, in two newspapers viz."Times of India" in English language and in "Pudhari" in vernacular language i.e. Marathi widely circulated in Kolhapur and in the State of Maharashtra.

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4.

Heard. Ld. Advocate for the Applicant submits that, the citation sent for service upon Mrs. Aruna Ashok Ambani, through bailiff of Sheriff of Bombay was returned by the postal authorities with a remark "such person not residing at the address mentioned". He further submits that, the Applicant does not know the present address of the said legal heirs. He, therefore, prays that the Chamber Order be allowed.

5.

Perused para 4 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspaper viz. "Times of India" in English language and in "Pudhari" in vernacular language i.e. Marathi, widely circulated in Mumbai, by way of substituted service upon Mrs. Aruna Ashok Ambani, sister 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. 22.12.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk