United India Insurance Co Ltd v. Suman Dattatraya Binnar And ORS

37 CAF4550 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4550 OF 2016 IN CIVIL APPLICATION NO.4960 OF 2011 IN FIRST APPEAL (ST) NO.29264 OF 2011 United India Insurance Co.Ltd .... Applicant V/s.

Suman Dattatray Binnar and ors .... Respondents Mr. K. N. Kandekar, for the Applicant.

Mr. D.D. Shinde, for the Respondents .

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24TH OCTOBER, 2016.

P.C. :

1.

This application is moved by the appellant submitting that respondent Nos. 4 and 5 who are parents of the deceased have already expired and hence their names be deleted considering that their legal heirs respondent Nos. 1 to 3 are already on record. 2.

In view thereof, application is allowed in terms of prayer clause (a). The names of respondent Nos. 4 and 5 be deleted. The necessary amendment be carried out within two weeks. 3.

In prayer clause (b) permission is sought to issue public 1/2

37 CAF4550 OF 2016.doc notice against respondent No.6 in daily newspaper Sakal, being substitute service. The office note reveals that respondent No.6 is already served as per bailiff report dated 5th September, 2013. Hence prayer clause (b) no more survives.

3.

As respondent No.6 is served, appeal to proceed exparte against respondent No.6.

4.

Application is accordingly disposed of.

[DR. SHALINI PHANSALKAR JOSHI, J.] 2/2