Anwar Hajee Alimohammed Hajee Kassam(Deleted)Since Deceased v. Shamalji Oddhavji Thakkar
Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 27th February, 2026 CALLED FOR DIRECTION:
1. CHOL/ 727/2025 ) ) ) Shri Nikhil Mutha a/w. Ms. Ashwini Sonawane i/by Nanu Hormasjee & Co., Advocate for the Applicant / Petitioner.
IN S /85/2025 P.C.
By this Chamber Order the Applicant / Plaintiff seeks permission to serve the fresh Writ of Summons upon (1) Shamalji Odhavji Thakkar, Defendant No. 1 and (2) State Bank of India Staff Vaibhav Co-operative Housing Society, Defendant No. 2 as per the schedule annexed to the Chamber Order.
2.
Perused the affidavit in support. Heard. Ld. Advocate for the Applicant submits that, the suit has been transferred from the City Civil Court, Dindoshi and the Writ of Summons was served upon the Defendant No. 1 previously. He further submits that, the writ of summons sent for service upon the Defendant Nos. 1 and 2 through the Sheriff of Bombay but the address of Defendant Nos. 1 and 2 could not be traced out and the Bailiff has filed the affidavit of service to that effect and the same is annexed to the Affidavit in support. Ld. Advocate for the Applicant / Plaintiff prays that, the Applicant / Plaintiff be permitted to serve the fresh Writ of Summons upon the Defendant Nos. 1 and 2 by way of substituted service by publishing the same in two newspapers viz. "Business Standard" in English language and "Pudhari" in vernacular language i.e. Marathi widely circulated in Mumbai.
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3.
For the reasons stated in the affidavit in support, the Chamber Order is allowed and the same is signed separately. Applicant is directed to publish the Writ of Summons in two newspapers viz. "Business Standard" in English language and "Pudhari" in vernacular language i.e. Marathi, having wide circulation in Mumbai, as and by way of substituted service upon
(1) Shamlaji Oddhavji Thakkar, Defendant No. 1, and (2) State Bank of India Staff Vaibhav Co-operative Housing Society within two weeks and also to file affidavit of publication. 27.02.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk