The New India Assurance Co.Ltd v. Mr Mahesh Kamalakr Thakur

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2525 OF 2016 IN FIRST APPEAL NO.1195 OF 2012 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate for the Applicant Present.

CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 31th August, 2016 On verification of cause title of First Appeal and its Civil Application with title of original proceedings, it is seen that address of Respondent No.2 is one and the same. The Notice issued to Respondent No.2 is received unserved with remark "Not residing at the given address".

Respondent No.2 was Opponent No.1 before the M.A.C.T., Raigad-Alibag and he was present in person in the proceedings.

His address in present address is last known address. Hence, it is evident that Respondent No.2 cannot be served by regular mode of service. Hence, there is no other way to serve Respondent No.2 except by way of Publication of Notice in local Newspapers as mentioned in prayer clause of Civil Application.

In view of this, Civil Application is allowed in terms of prayer clause (a). Issue Publication Notice to Respondent No.2 returnable after 8 weeks.

sd/- Registrar (Judl.-II) dsm - R(J-II) - 31.08.16