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Bombay High CourtIA/2053/2023allowed

The New India Assurance Company Ltd., Mumbai v. Rajaram Ganu Tambe And ORS.

2023-03-06Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2053 OF 2023 IN FIRST APPEAL NO. 327 OF 2021 Office Notice Office Memoranda of Coram Appearances, Court's Orders or directions and Court's or Judge's Orders Registrar's orders Adv. Manjeet Lotankar i/by.

Adv. D. D. Rananaware present for Respondent.

CORAM :- SHRI. S. R. AGRAWAL REGISTRAR (JUDL.-II) Dated :- 6th MARCH, 2023 "This matter is placed for Substitute service of Respondent No. 4 by way of the Publication in Newspapers namely, "Navshakti" & "Free Press Journal" & etc.

Perused records. It appears that Notice issued to Respondent No. 4 returned unserved with bailiff's remark "Not exact trace out, any one not telling about it & gala No. 9".

Address of Respondent No. 4 mentioned in the above notice is same as mentioned in the memo of Interim Application and First Appeal and also in the copy of Lower Court's Judgment.

This is sufficient to allow the application regarding Substitute Service of Respondent No. 4 by way of Publication in Daily Newspapers, namely "Navshakti" and "Free Press Journal" & etc.

In view of the above Interim Application No. 2053 of 2023 for Publication is allowed, in terms of prayer clause (a) returnable by 06 weeks.

In addition to this learned Advocate for Applicant is directed to serve Respondent No. 4 by mode of private service and file Service Affidavit to that effect.

Sd/- Registrar (Judl.- II) apj - R(J-II) - 06.03.2023