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Bombay High CourtCAF/195/2019allowed

The New India Assurance Co.Ltd.Through Its Legal Hub v. Smt. Dhobuni Santosh Nayak And ORS.

2019-08-05Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.195 OF 2019 IN FIRST APPEAL ST. NO.31857 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions Court's or Judge's orders and Registrar's orders Advocate Prashant Kamble i/b. Poonam Mital Present for Appellant.

CORAM : V.R. KACHARE REGISTRAR (JUDL - II) Date : 05th August, 2019 This matter has placed for substitute service by way of the Publication in Newspapers namely "The Free Press Journal" and "Navshavti".

Perused records. It appears that Notices issued through Bailiff to Respondent Nos.4 and 5 returned unserved with remark "Not found, as per enquiry said Respondent not residing at the given addresses and present address not known" and "premises found locked as per enquiry said Respondent left the premises since 3 years back"

respectively.

Moreover, R.P.A.D. Notice issued to Respondent Nos.4 and 5 returned unserved with postal remark "Left" and "Not known"

respectively.

The address mentioned in above Notices are similar addresses mentioned in Appeal Memo and also in Judgment of Lower Court of Commissioner, Employees Compensation and Judge, Nineth Labour Court, Mumbai.

This is sufficient to allow the application regarding substitute service to Respondent Nos.4 and 5 by way of Publication in daily Newspapers namely "The Free Press Journal" and "Navshavti".

In view of this, Civil Application for Publication is allowed in terms of prayer clause 3 (a), returnable by 6 weeks.

sd/­ Registrar (Judl.­II) dsm - R(J­II) - 05 .08.19