Mr. Farogh Ahd. Zahoor Ahd. Ansari v. M/S. Kataria Transport Co. Ltd. And ANR.

1 26-caf-1352.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1352 OF 2018 IN FIRST APPEAL NO. 449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari ... Applicant

Versus

M/s. Kataria Transport Co. Ltd. and another ... Respondents .....

Mr. Ashok B. Tajne for Applicant.

Ms. Room Ghosh for Respondent No.2.

.....

CORAM : K. K. SONAWANE, J.

DATE : 13th AUGUST, 2018.

P. C.:

1.

Heard learned Counsel for the applicant-original claimant and learned Counsel for the respondent-insurance company. 2.

The applicant-original claimant moved the present application for seeking permission to serve the notice of appeal bearing First Appeal No. 449 of 2016 to respondent No.1 through paper publication in local newspaper, "Free Press Journal" at Ahmedabad. Learned Counsel for applicant submits that on earlier occasion, while hearing of the civil applications in the present Shridhar Sutar

2 26-caf-1352.18.doc proceeding, notice to respondent No.1 was served through paper publication. Therefore, he may be allowed to serve notice of appeal to respondent No.1 through paper publication. 3.

In view of above submission, application stands allowed in terms of prayer clause (a). Notice of First Appeal No. 449 of 2016 to respondent No.1 be allowed to be served through paper publication as mentioned in the prayer clause (a). Registry to take requisite steps for further process.

4.

Notice to respondent No.1 through paper publication, returnable on 24th September, 2018.

5.

Accordingly, civil application stands disposed of. ( K. K. SONAWANE, J.) Shridhar Marutirao Sutar Shridhar Marutirao Sutar Date: 2018.08.14 12:58:08 +0530 Shridhar Sutar