Divional Manager The New India Assurance Co. Ltd. v. Ms. Sharda Kapoorchand Goda And ORS.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3884 OF 2016 IN FIRST APPEAL NO.189 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present.
CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 16th September, 2016 On verification of cause title of First Appeal and Civil Application with title of original proceedings, it is seen that address of Respondent No.4 (i.e. Respondent No.3 in First Appeal) is one and the same.
Notice issued to Respondent No.3 in First Appeal returned unserved with Bailiff remark "Company was sold by owner before 1 year". It is evident that Respondent No.3 in First Appeal cannot be served by regular moder of service. Hence there is no other way to serve Respondent No.4 (i.e. Respondent No.3 in First Appeal) except by way of Publication of Notice in local Newspapers as mentioned in prayer clause (a) of Civil Application.
In view of this, Civil Application is allowed in terms of prayer clause (a). Issue Publication Notice to Respondent No.3 in First Appeal returnable after 8 weeks.
sd/ Registrar (Judl.II) dsm - R(JII) - 16.09.16