Icici Lombard General Insurance Co. Ltd. Through Its Authorized Representative Mr. Prathamesh Dinde v. Smt. Ranjana Raju Kharat And Os.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2613 OF 2016 IN FIRST APPEAL ST. NO.24606 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present.
CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 22nd June, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent Nos.4 and 5 is one and the same. The Notice issued to Respondent No.4 is received unserved with remark "said premises is given on lease to Sarika Govind Kamble, present whereabout of said Respondent No.4 not known, hence pasted on door". Notice of Respondent No.5 is returned unserved with Bailiff's remark "No such person by the name of said Respondent No.5 found at given address and nobody knows anything about the said Respondent No.5".
Respondent No.4 was the Applicant before
the Tribunal and address mentioned therein is the same address given in these proceedings. Respondent No.5 was served in the proceedings before Tribunal and was proceed ex-parte. Hence, there is no other way to serve Respondent Nos.4 and 5 except by way of Publication of Notice in local Newspapers as mentioned in prayer clause of Civil Application.
In view of this, Civil Application is allowed in terms of prayer clause (b). Issue Publication Notice to Respondent Nos.4 and 5 returnable after 8 weeks.
sd/- Registrar (Judl.-II) dsm - R(J-II) - 22.06.16