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Bombay High CourtIA/2218/2020allowed

Bajaj Allianz General Insurance Company Limited. v. Smt.Rehana Nadim Ghodke And ANR.

2021-03-25Shri. D.S. Deshmukh,Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2218 OF 2020 IN FIRST APPEAL ST. NO.12408 OF 2017 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Yogita Deshmukh Chitnis Present for the Applicant.

None for the Respondent.

CORAM : D.S. DESHMUKH REGISTRAR (JUDL - II) Date : 25th March, 2021 This matter has placed for speaking to the minutes of order dated 15/03/2021.

In this matter, the order dated 15/03/2021 was typed as :- "3 weeks time is granted to supply R.P.A.D.

Stamps for issuing Notice by R.P.A.D. to Respondent No.1".

Instead of :- "This matter has placed for substitute service by way of the Publication n Newspaper namely 'Free Press Journal' and 'Mumbai Sakal' and etc. Perused records. It appears that Notice issued through Bailiff to Respondent No.1 returned unserved with remark "Not residing at given address, hence returned".

The address mentioned in above Notice is similar address mentioned in Appeal Memo and also in Judgment of the Lower Court of Member, M.A.C.T., Mumbai.

This is sufficient to allow the application regarding substitute service of Respondent No.1 by way of Publication in Daily Newspaper, 'Free Press Journal' and 'Mumbai Sakal' and etc.

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

sd/- Registrar (Judl.-II) dsm - R(J-II) - 25.03.2021