The New India Assurance Co. Ltd. v. Tukaram Malhari Pansare And Othrs

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3753 OF 2016 IN CIVIL APPLICATION NO.5659 OF 2007 IN FIRST APPEAL (STAMP) NO.24871 OF 2007 The New India Assurance Co. Ltd., Mumbai.

.... Applicant V/s.

Tukaram Malhari Pansare & Ors.

.... Respondents Mr. S.M. Dange for the Applicant.

Mr. H.G. Khambete, h/f. Mr. A.M. Gokhale, for Respondent Nos.1 and 2. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 25 TH AUGUST 2016.

P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application seeking substituted service of notice on respondent Nos.4 and 5 by publication in the Marathi daily newspaper, namely, "Dainik Samana" (Pune Edition). This Civil Application is affirmed and it is stated that respondent Nos.4 and 5 are residing on the address given in the appeal but the applicant-Insurance Company could not trace them. In view thereof, substituted service of notice by publication in the newspaper is permitted. Notice is made returnable on 20th October 2016. 3.

Civil Application is allowed in terms of prayer clause (a). [DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1 CAF-3753-16==.doc