Oriental Insurance Company v. Shri. Vishwanath Laxman Gaikwad And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2724 OF 2016 IN FIRST APPEAL NO.1346 OF 2002 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : AJIT N. MARE, REGISTRAR (JUDL - II) Date : 28th June, 2016 Proceedings reveal that the Applicants have filed claim application before the Motor Accident Claims Tribunal, Pune, by mentioning their address as "Tadiwala Road, Pune". They are Respondents Nos.1, 2 and 3 in present proceedings.

Original Opponent No.2 i.e. present Applicant has filed First Appeal wherein the address of Respondent is mentioned as "Tadiwala Road, Pune" as that was mentioned in original proceedings. Notice sent on the said address to present Respondent Nos.1, 2 and 3 is returned unserved with Bailiff's remark "incomplete address".

Considering that the Applicants before the Tribunal i.e. present Respondent Nos.1, 2 and 3 have mentioned their address as "Tadiwala Road, Pune", the Notice sent on the said address shall have to be considered to be sent on proper address. Thus, the Notice cannot be served on them in ordinary course.

Therefore, Civil Application is allowed in terms of prayer clause (a) and (b).

sd/- Registrar (Judl.-II) dsm - R(J-II) - 28.06.16